All trees removed, destroyed or damaged as a
result of unauthorized activity shall be replaced at the expense of
the responsible person(s). Replacement of trees shall be made with
2.5 to 6 inch caliper trees as directed by the Tree Warden, following
consultation with the Tree Committee. The sum of the diameter of the
replacement tree(s) shall be equivalent to the sum of the diameter(s)
of the tree(s) removed, destroyed or damaged as a result of the unauthorized
activity.
The requirements of this ordinance may be waived
by the Town Emergency Management Agency Director in the case of emergencies
such as winter storms, tropical storms, hurricanes or other natural
or human made disasters so that they in no way shall hinder private
and public work to restore order to the Town. All emergency work shall,
to the degree practicable, follow the standards of this ordnance.
A.
The requirements of this ordinance shall not apply
to decisions of the Town Emergency Management Agency Director or his/her
designee in carrying out the duties and responsibilities of his/her
office.
B.
Routine and/or emergency activities of the Town Emergency
Management, required to ensure for the public safety, shall be exempt
from the requirements of this ordinance.
No person shall hinder, prevent, delay or interfere
with the Tree Warden or any of his/her assistants while they are engaged
in carrying out the implementation of this ordinance provided, however,
that nothing herein shall be construed as an attempt to prohibit the
pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction, for the protection of property rights by the owner of
any property within the Town.
This ordinance and the various parts, sentences,
sections and clauses thereof, are hereby declared to be severable.
If any part, sentence, section or clause is adjudged invalid, it is
hereby provided that the remainder of this ordinance shall not be
affected thereby.
This ordinance and any amendments thereto shall
be declared to be of immediate necessity for the preservation of public
peace, health and safety and shall be in full force and effective
from and after its passage and publication as provided by law.
Nothing in this ordinance shall be construed
to restrict, amend, repeal, or otherwise limit the application or
enforcement of the Zoning Ordinance of the Town or the Subdivision
and Land Development Regulations of the Town.
