This article shall be known as and may be referred to as the
natural resources management ordinance.
(1998 Code, sec. 96.01)
The purpose of this article is to promote site planning which
furthers the preservation of mature trees and natural areas, to protect
trees during construction, to facilitate site design and construction
which contribute to the long-term viability of existing trees and
to control the removal of trees when necessary. It is the further
purpose of this article to achieve the following broader objectives:
(1)
Prohibit
the indiscriminate clearing of property.
(2)
Protect
and increase the value of residential and commercial properties within
the town.
(3)
Maintain
and enhance a positive image for the attraction of new business enterprises
to the town.
(4)
Protect
healthy quality trees and promote the natural ecological, environmental
and aesthetic qualities of the town.
(1998 Code, sec. 96.02)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Words and terms used in this article, but not defined in
this article, shall have the meanings ascribed thereto in the zoning
ordinance or other ordinances of the town. Words and terms defined
in two ordinances shall be read in harmony unless there exists an
irreconcilable conflict, in which case the definition contained in
this article shall control.
The use of land to produce plant or animal products, such
as the growing of crops, raising and pasturing of livestock or farming,
for commercial purposes and in such quantities so as to be a commercially
viable and profitable operation, with only such periods of dormancy
or non-use as are normal and reasonable pursuant to recognized and
generally accepted land management practices. It does not include
the processing of plant or animal products after harvesting or the
production of timber or forest products.
That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected
and including the actual structure, driveway, parking lot, pool and
other construction as shown on a site plan.
The actual foundation area of a building and the area within
six feet of the foundation that is used for construction and grade
transition.
The removal of all of the trees or a significant majority
of the trees within an area.
The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. (See appendix A at the end of this article.)
Areas where the natural ground level has been excavated (cut)
or fill brought in.
A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. (See appendix A at the end of this article.)
The town engineer or his or her designated representative.
A delineation on the graphic exhibit which shows the boundary
of the area within which all construction activity will occur.
Means, for example, the town hall, public parks, county property,
Corps of Engineers property, state right-of-way, libraries, fire stations,
water tower sites or similar properties.
Chain-link fence, wire fence, orange vinyl construction fencing,
snow fencing or other similar fencing with a four-foot approximate
height.
The removal of selected trees from within a densely forested
area.
Any self-supporting woody perennial plant which will attain
a trunk diameter of two inches or more when measured at a point four
and one-half feet above ground level and normally an overall height
of at least 15 feet at maturity, usually with one main stem or trunk
and many branches. It may appear to have several stems or trunks as
in several varieties of oaks.
The town tree board, which is hereby created and established.
This board shall be the planning and zoning commission unless otherwise
appointed by the town council.
A tree which the town has determined may or may not be worthy of preservation depending on the individual characteristics of the tree. (See appendix C at the end of this article.)
Trees in public parks and all areas owned by the town to
which the public has free access as a park.
A quality tree that has a diameter of four inches or greater;
An understory tree that has a diameter of two inches or greater;
and
A marginal tree that has a diameter of six inches or greater
that the landscape administrator has determined should be saved due
to individual characteristics and/or location of the tree.
A tree which the town has determined typically has significant positive characteristics worthy of preservation. (See appendix C at the end of this article.)
A tree, or any part of the tree trunk, located on land lying
within the public right-of-way.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree’s crown to such a degree
so as to remove the normal canopy and disfigure the tree.
A tree which the town has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. (See appendix C at the end of this article.)
(1998 Code, sec. 96.03)
(a)
(1)
Any person, firm, corporation, agent or employee thereof who:
(A)
Cuts down, destroys, removes, moves or effectively destroys through
damaging any protected tree without first obtaining a tree permit
from the town, where required;
(B)
Does so in violation of the tree permit; or
(C)
Fails to follow the tree replacement procedures set forth in this
article;
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shall be guilty of a misdemeanor and upon conviction shall be
fined $100 per diameter inch of the tree(s) removed, altered, or damaged,
not to exceed $500 per incident.
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(2)
The unlawful replacing, cutting down, destroying, removing, moving
or effectively destroying through damaging of each protected tree
shall constitute a separate offense and each offense shall subject
the violator to the maximum penalty set forth herein for each tree.
(b)
Any
person, firm, corporation, agent or employee thereof who violates
any other provisions of this article shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not to exceed $500 for
each incident.
(1998 Code, sec. 96.99)
No building permit shall be issued unless the applicant signs
an application or permit request which states that all construction
activities shall meet the requirements of this article. The building
official shall make available to the applicant a copy of this article
or a condensed summary of the relevant aspects pertaining to the type
of permit requested.
(1998 Code, sec. 96.20)
The town shall not approve a developer’s agreement unless
it provides that all construction activities shall meet the requirements
of this article.
(1998 Code, sec. 96.21)
No acceptance of public improvements shall be authorized until all fines for violations of this article have been paid to the town or otherwise disposed of through the municipal court. No acceptance of public improvements shall be authorized until all replacement trees have been planted, appropriate payments have been made to the tree reforestation fund, or an affidavit has been submitted in accordance with the requirements set forth in section 3.15.078(b).
(1998 Code, sec. 96.22)
No certificate of occupancy shall be issued until all fines for violations of this article have been paid to the town or otherwise disposed of through the municipal court. No certificate of occupancy shall be issued until all replacement trees have been planted, appropriate payments have been made to the tree reforestation fund, or an affidavit has been submitted in accordance with the requirements set forth in section 3.15.078(b).
(1998 Code, sec. 96.23)
Notwithstanding the provisions of sections 3.15.005 through 3.15.008, public improvements may be accepted and certificate of occupancy may be issued before all trees have been replaced if a fiscal security is posted in an amount equal to the prevailing rate for installed trees with a one-year guarantee, plus 15% to cover administrative costs.
(1998 Code, sec. 96.24)
(a)
The
town council may authorize variances to any restriction set forth
in this article, including but not limited to the alteration of trees,
mitigation requirements, and tree placement, or any other aspect involved
in the preservation of trees. In granting any variance, the town council
shall seek a recommendation from the planning and zoning commission.
The planning and zoning commission and the town council shall consider
the following factors in making the recommendation or acting on the
requested variance:
(1)
Whether a literal enforcement of the regulations will create an undue
hardship or an unreasonable practical difficulty on the applicant;
(2)
Whether the situation causing the unnecessary hardship or practical
difficulty is unique to the affected property and is not self-imposed;
(3)
Whether a reasonable accommodation or alternative solution can be
made to accomplish the desired activity without the alteration of
the tree;
(4)
Whether the variance will injure and will be wholly compatible with
the use and permitted development of adjacent properties;
(5)
Whether the increased development costs caused by preserving the
tree create an undue hardship on the development of the site;
(6)
Whether there is any identified adverse effect of the alteration
on erosion, soil moisture, retention, flow of surface waters, and
drainage systems;
(7)
Whether there is any substantial impact to the buffering of residential
areas from the noise, glare, and visual effects of nonresidential
uses;
(8)
Whether the tree interferes with a utility service;
(9)
Whether the proposed tree replacement procedures adequately mitigate
the alteration of the tree;
(10)
Whether the alteration adversely affects the public health, safety
or welfare; and
(11)
Whether the granting of the variance will be in harmony with the
spirit and purpose of this article to the greatest degree reasonably
possible.
(b)
A person may request a variance from this article by filing the request with the landscape administrator. Any request for variance shall be accompanied by a completed application and a nonrefundable filing fee in the amount specified for board of adjustment variances in section A3.000 of the fee schedule in appendix A to this code.
(1998 Code, sec. 96.25; Ordinance
adopting Code)
