The text
Sec. 22-86. - Short title.#
This article shall be known and may be cited as the tree preservation ordinance.
(Code 2003, § 22-86; Ord. of 3-13-2000, § 01)
Sec. 22-87. - Purpose of article.#
(a)
The purpose of this article is to promote the public health, safety and welfare of the citizens of the town, and to enhance the aesthetic qualities of the environment by regulating the protection, maintenance, removal and planting of trees in the public rights-of-way, parks and all public property within the town, and by providing for the maintenance or removal of trees on private property when the public safety is endangered.
(b)
Maintenance and perpetuation of a canopy effect, where possible, is a major goal of public shade tree planting.
(c)
All utility easements should be written to support the goals of this article.
(d)
The protection of these valuable material resources will serve to enhance the community in the following ways:
(1)
Aid in the prevention of air, noise and visual pollution.
(2)
Aid in the stabilization of soil.
(3)
Enhance property values.
(4)
Provide glare and heat protection.
(5)
Reduce stormwater runoff and costs associated therewith and replenish groundwater supplies.
(6)
Enhance the aesthetics and general quality of life on the island and maintain the island's rural character.
(Code 2003, § 22-87; Ord. of 3-13-2000, § 02)
Sec. 22-88. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrative guidelines means a companion document to the tree preservation ordinance as designated in section 22-86 that contains written specifications and standards of practices to be followed in carrying out any requirements under the tree preservation ordinance.
Applicant means a person who is applying for a permit required by this article.
Approval means written assent from the tree warden and/or tree committee pursuant to a duly executed application for approval made on a form promulgated by the town.
Hazard tree means any tree growing on public and/or private property within the town which has been inspected by the tree warden and found to be unsafe or threatens the health of the community's trees and/or its citizenry.
Historic tree means a public tree which has been designated by the tree warden upon application of the tree committee or any other interested party to be of notable historic value, historic association, interest, type, age, or size.
Master tree management plan means the comprehensive community forestry plan which includes the inventory of existing trees and specifies the species of trees to be protected, maintained, removed, and/or planted on each of the streets, parks, and other public places of the town.
Parks shall include any public places designated under the jurisdiction of the town for recreation and/or conservation open space.
Property line means the boundary between privately owned and town-owned regulated land.
Property owner means the person who holds title to such land shown in the tax assessors, plat and lot records for the town.
Pruning means removal of branches greater than two inches in diameter.
Public trees includes all trees now or hereafter growing on any public place.
Significant tree means any public tree which has been determined by the tree warden and/or tree committee to be of high value because of its type, size, age or other professional criteria.
Street, highway andright-of-way mean the entire width of every public way that is open to the use of the public, as a matter of right, for purposes of vehicular and/or pedestrian traffic.
Tree means any self-supporting woody perennial plant which has a trunk diameter of two inches or more measured at a point six inches above the ground level and which normally obtains a height of at least ten feet at maturity, usually with one main stem or trunk and many branches.
Tree committee means the committee established pursuant to section 22-116.
Tree warden means the agent of the town appointed by the town council, having primary enforcement responsibilities under this article, and charged with the responsibility for the management of all town forest areas, including all trees within public rights-of-way.
Zoning ordinances means the zoning regulations, as amended, or such other regulations subsequently adopted by the town council.
(Code 2003, § 22-88; Ord. of 3-13-2000, § 03)
Sec. 22-89. - Applicability.#
For purposes of this article public trees shall include all trees now or hereafter growing in any public right-of-way, park or public property within the town.
(Code 2003, § 22-89; Ord. of 3-13-2000, § 04)
Sec. 22-90. - Waivers.#
The requirements of this article may be waived by the town administrator in the case of emergencies such as windstorms, ice storms, or other disasters. The work shall follow the maintenance standards as outlined by the tree committee.
(Code 2003, § 22-90; Ord. of 3-15-2002, § 07(H))
Sec. 22-91. - Appeals and adjustments.#
Any adjustment of the standards required by this article or an appeal of a decision of the tree warden shall be heard by the tree preservation and protection committee. All appeals shall be in writing to the tree preservation and protection committee. The tree preservation and protection committee shall hold a public hearing at some suitable time and place after giving notice to all persons known to be interested therein and posting the hearing in the town hall and also at the location the hearing is to be held seven days (including the day of the hearing) prior to the hearing. Within three days after the hearing, the tree preservation and protection committee shall render the decision granting or denying the appeal. Any appeal of a decision of the tree preservation and protection committee shall be heard by the town council.
(Code 2003, § 22-91; Ord. of 3-15-2002, § 08; Ord. of 12-10-2007)
Sec. 22-92. - Gifts of trees.#
Gifts of trees are welcomed. Arrangements for planting of gift trees may be made with the tree committee. If, as a result of road construction, some large trees are displaced, the tree warden may request replacement trees be located on private property with the owner's consent. The trees will then be planted by the town and ownership transferred to the private property owner. In residential areas canopy trees shall be given preference over other species.
(Code 2003, § 22-92; Ord. of 3-15-2000, § 07(I))