(A) The Town of
(B) The purpose of this chapter is to regulate the planting of new trees and shrubbery; to vigorously encourage the protection of existing trees and shrubbery, including their root systems; to regulate the preservation, replacement and indiscriminate removal of trees and to establish procedures for fulfilling these purposes.
(Ord. passed 9-11-2006)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The acting Public Works Director or her or his designee shall be responsible for the administration of the provisions of this chapter.
CALIPER. Diameter measurement of the trunk taken 6 inches above ground level for trees up to and including 4-inch-caliper size. Measurements shall be taken 12 inches above the ground for larger tree.
CRITICAL ROOT ZONE. That area of tree roots around the tree measured to be no less than 1.5 feet in radius for every inch of trunk diameter measured 4 feet above the ground.
DISEASED TREE. A process in which fungi, bacteria, mycoplasms, and viruses are able to invade and infect trees causing poor growth and weak appearance, disruption of plant processes, distortion of certain tree parts and strain or death of the tree.
DBH (DIAMETER BREAST HEIGHT). The diameter of a tree 4-1/2 feet above the average ground level.
GOVERNMENT/INSTITUTIONAL
PROPERTY. Property owned by the federal, state or county
governments but is located in the town. For the purposes of this chapter
government/institutional property specifically excludes property owned by the
Town of
HISTORIC TREE.
A tree that has been specifically designated by the Town of
LARGE MATURING TREE. Any tree whose height exceeds 35 feet at maturity.
MAINTENANCE. Proper cultural practices including pruning, fertilization, pest management, and root system protection. The standards of MAINTENANCE are those published by the National Arborists Association.
PARK/PUBLIC TREES. Trees, shrubs, bushes and all other woody vegetation in public parks and on public property at public facilities, and all area owned by the town.
PAVED AREA. Any ground surface covered with concrete, asphalt, stone, compacted gravel, brick or other paving material.
PLANNING DEPARTMENT DIRECTOR. The head of the Town of Wilkesboro Planning Department and person charged with directing the Town Tree Board.
PRESERVATION. Maintaining a stable environment among mature trees is critical in delaying the transition from maturity to decline and death. (Prevention of construction damage, root system care, proper tree care maintenance, etc.) Tree care PRESERVATION should be proactive and then reactive. Treatments should be preventative rather than remedial to maintain tree health once tree decline begins. The periodic inspection of trees for structural defects such as root system damage.
PRIVATE PROPERTY. Property that is not owned by a federal, state or local government.
PUBLIC PROPERTY.
Property owned by the Town of
PUBLIC WORKS DIRECTOR. The head of
the Town of
REGULATED TREE. A tree which is located on private property and whose establishment and/or maintenance is required in order to acquire a certificate of occupancy for a proposed use.
REPLACEMENT. Replacement of dead, dying, diseased, or removed trees with trees of equal or comparable size, species, vigor and health.
REMOVAL. The cutting down of any tree or shrubbery and all other acts which cause the actual removal or the effective REMOVAL through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or shrubbery.
ROOT PROTECTION ZONE. Generally, 18 to 24 inches deep and a radius distance from the trunk of the tree equal to 1 foot for each 1 inch of trunk diameter or the outermost drip line of the tree, whichever is greater.
SMALL MATURING TREE. Any tree whose height is less than 35 feet at maturity.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the county/town.
TOWN. The Town of
TOWN ATTORNEY.
The Town Attorney for the Town of
TOWN PROPERTY. All real property which is owned or leased by the town or which is maintained by it or any part of any town right-of-way.
TOPPING. Any pruning practice that results in pruning back the main leader stem of the tree or causes disfigurement of the normal shape of the tree.
TREE EVALUATION FORMULA. A formula for determining the value of ornamental trees and shrubs as published by the International Society of Arboriculture.
UNSAFE TREE. For a tree to be considered unsafe, one of the following criteria must apply:
(1) A combination of a structural defect and a target.
(a) A structural defect which predisposes the tree to failure; i.e., dead tree, trunk decay, dead branches, V-crotches; and
(b) A target such as a structure, road, walkway, campsite or other area where property exists or people reside. In urban areas, target areas are almost always in close proximity to trees; or
(2) A tree that is otherwise structurally sound trees but which interfere with the routine activities of people. Such interference might include obstructions, sight distance problems for motorists, buckling of sidewalks, attracting lightning, or interference with utilities.
(Ord. passed 9-11-2006)
(A) The Town Council may establish a
Town Tree Board which shall consist of 5 voting members who are residents of
the Town of
(B) The Tree Board shall serve under
the direction of the Town Planning Department. The Tree Board shall be staffed
by the Planning Department Director or the director's designee. Non-voting
members may be added to the Tree Board as necessary. Such nonvoting members may
include, but are not limited to, persons from the Town Public Works Department,
the
(Ord. passed 9-11-2006)
(A) It shall be the responsibility of the Board to study and develop and/or update annually, specifications for the care, conservation, pruning, planting, replanting, of publicly owned trees and shrubs in parks, along streets, and in other public areas. Such information and reports plan will be presented annually to the Town Council. The Board, when requested by the Town Council, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.
(B) The Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(C) The Town Tree Board develops and maintains arboricultural specifications for tree care and replacement as follows:
(1) A list of desirable trees for planting along streets in 3 size classes based on mature height: small (under 20 feet,) medium (20 to 35 feet) and large (over 35 feet).
(2) A manual of tree planting and tree maintenance specifications.
(Ord. passed 9-11-2006)
(A) Public Works Director. For the purpose of carrying out the provisions of this chapter, the Public Works Director shall have responsibility and control over all trees and shrubbery planted or growing in or upon town property. The Public Works Director shall also have responsibility and control over all regulated trees, unsafe and diseased trees located upon private property.
(B) Planning Department Director. The Planning Department Director shall facilitate all functions of the Tree Board. This shall include, but not be limited to, setting meeting times and place, establishing an agenda, functioning as a liaison to the Town Council and serving as the Tree Board representative at public forums.
(Ord. passed 9-11-2006)
Except as hereinafter provided, no person except a public utility shall cut, prune, injure or remove any living tree on or in a public highway, right-of-way, neutral ground, public park, public place, triangle, sidewalk, or other public property; or cut or disturb or interfere in any way with the roots of any tree on public property; or spray with any chemical insecticides or other oils or whitewash any tree on public property; or place any wire, rope, sign, poster, barricade, or other fixture on a tree or tree guard on public property; or injure, misuse or remove any device placed to protect any such tree.
(A) No person shall pile building material or other material, about any tree, plant or shrub in a street in any manner that will in any way injure such tree, plant or shrub.
(B) No person shall pave or place gravel, soil or other such material within 12 feet of any tree on public property, unless approved by the administrator.
(C) No person shall dump, pour or spill any oil, herbicide, pesticide or other deleterious matter upon any tree or tree space in any street, or keep or maintain upon any street, any receptacle from which oil or herbicide, pesticide or other deleterious matter leaks or drips, or said material onto any parking or concrete gutter so as to injure any tree on any public property.
(D) No person shall use the neutral grounds, parks, sidewalks, or public places to dump grass clippings, tree trimmings, rocks or refuse of airy nature.
(E) No person shall decorate a tree or shrub on any public highway, neutral ground, park, triangle, or sidewalk, either with or without lights, or place advertising matter, posters or political placards on trees or in public properties.
(Ord. passed 9-11-2006)
(A) Every owner of any tree overhanging any street or right-of-way within the town shall prune the branches so that such branches shall not (severely) obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above street surface or 8 feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private or government/institutional property when it interferes with visibility of any traffic control device or sign or sight.
(B) Nothing in this section is intended to prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with planting specifications of this chapter and that any such plantings conducted under utility lines shall be limited to planting material taken from the first 2 classes (small and medium) of Tree Board's list of desirable trees.
(Ord. passed 9-11-2006)
(A) The Public Works Director may cause or order to be removed any tree or part thereof on private or government/institutional property which is unsafe, injurious to the public welfare or which, by reason of its nature, is injurious to sewers or other public improvements or is infested with an injurious fungus, insect or other pest.
(B) The Public Works Director may enter upon government/institutional property in the town to spray, or otherwise treat or cause or order to be sprayed or otherwise treated, any tree infected or infested by any parasite, insect or pest when it shall be necessary to do so to prevent the breeding or scattering of any parasite or animal pest and to prevent danger there from to persons or property or to trees planted on town property.
(C) Whenever, in the opinion of the Public Works Director, the removal of a tree or shrubbery or government/institutional property shall be necessary, under the provisions of this section, the Public Works Director shall have the power to remove such tree or shrubbery or cause or order the same to be done upon notice and an opportunity to be heard to the property owner.
(D) Prior to exercising the authority conferred by this section, the Public Works Director shall give the owner notice and an opportunity to correct the condition by requesting that corrective action be taken. The request shall be in writing to the owner of the property in question and shall be acted upon within 30 days (or a lesser period of time if an imminent threat to life or property exists, from the date of the receipt of the request.) If, after 30 days or such less time period, the owner has not corrected the condition or undertaken action that would lead to a timely correction of the condition, the Public Works Director may enter upon the property, perform the work necessary to correct the condition and bill the owner for the actual costs incurred. In situations involving an imminent threat to the public health, safety or welfare, the town may act without prior notification to the property owner but notice shall be given within a reasonable time.
(Ord. passed 9-11-2006)
The Town Council finds and declares that regulation of the cutting, trimming, and pruning of trees within the town will help ensure that the health, function and value of trees are protected, and will help to prevent dangerous branching conditions that may result in danger or injury to citizens or property.
(Ord. passed 9-11-2006)
(A) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, public grounds, right-of-ways and squares, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(B) All tree work taking place on public property being conducted by contractors, subcontractors, or town employees will conform to ISA ANSI standards for tree work.
(C) It shall be unlawful as a normal practice for any person, firm, or town department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to shrubs larger than 3 inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this provision of this chapter by the Administrator.
(D) It shall be unlawful for any entity, utility, citizen, or tree care company or government to trench, cut, grade, or fill within the critical root zone of any public tree without the written consent of the Administrator.
(Ord. passed 9-11-2006)
(A) It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees or tree within a public right of way within the town without first applying for and procuring a permit.
(B) In order to receive a permit, applicants must first sign an affidavit agreeing to abide by ANSI 300 Standards for tree care. A copy of the most recent ANSI A300 Standards will be available from the Administrator. Specifically the "topping" of trees shall be prohibited except in cases where the top of the tree has been injured beyond repair by a storm or related incident.
(C) No permit shall be required of any public service company including electric utilities and their agents and contractors or town employee doing such work in the pursuit of their public service endeavors.
(D) Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $300,000 for bodily injury and $100,000 property damage indemnifying the town or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(E) The Administrator is authorized to suspend or revoke the tree care license of any person or business that performs work which does not comply with tree care standards as specified in this chapter and the related ANSI standards.
(Ord. passed 9-11-2006)
Regulated spaces are those physical areas in which trees
and landscape materials are required by the Tree Ordinance, Subdivision
Ordinance, Floodplain Ordinance, Zoning Ordinance or
other statute of the Town of
(A) The owner or lessee of the property where landscaping is required shall be responsible for the maintenance and protection of all plant and screening material. Landscaped areas shall be maintained in good condition and kept free of debris.
(B) Failure to maintain or replace dead, damaged, or diseased material or to repair a broken fence or wall shall constitute a violation of this chapter and shall be subject to the penalty provisions in § 96.21 if not replaced within 30 days of notification.
(C) If an act of God or other catastrophic event occurs which destroys a large quantity of vegetation, the owner or lessee shall have 120 days to replant. Replaced plant material must be in compliance with the minimum size, spacing, and quantity standards of this chapter.
(Ord. passed 9-11-2006)
No regulated tree shall be removed without first acquiring a permit from the Administrator. Failure to do so shall constitute a violation of this chapter and shall be subject to the penalty provisions in §96.21.
(Ord. passed 9-11-2006)
(A) Applications for zoning permits shall include a landscape plan if 1 or more of the 4 following conditions are met:
(1) The subject property is zoned for non-residential use, grading is eminent and building is to ensue within 12 months from the date of the start of grading.
(2) Building is planned within 12 months on a previously graded site.
(3) Property contains existing commercial use and a disturbance of 50% or more of the land area is planned for the purpose of renovation or addition.
(4) Property
contains existing commercial use and the cost of a planned addition or
renovation will meet or exceed 50% of the assessed value of the property as
determined by the
(B) The landscape plan shall be submitted in written/design form and shall conform to the general provisions of this section and all specifications set out in the applicable guidelines as issued by the town. The landscape plan must address the following 3 vegetative areas:
(1) Street tree plantings;
(2) Bufferyards between non-compatible zoning; and
(3) Parking lot plantings.
(C) A landscape plan shall be submitted prior to the issuance of a zoning permit, or a landscape plan shall be submitted prior to the issuance of a building permit. Landscaping must be installed and inspected prior to receiving a certificate of compliance/ occupancy. Vegetation shall be planted to ensure the best chance of survival and to reduce the potential expense of replacing damaged plant materials. If the season or weather conditions prohibit planting the materials, the developer may provide a bond, an irrevocable letter of credit, or other financial surety in an amount equal to 150% of the cost of installing the required landscaping to guarantee the completion of the required planting. Upon approval of the financial surety, the certificate of compliance/occupancy shall be issued. The financial surety shall be canceled and/or returned upon completion of the required landscaping.
(D) All trees planted pursuant to this division must be planted in amended soils as specified in the guidelines. The trees also must be from an approved list supplied by the town. Where trees are specified to be 2-inch caliper, the minimum height shall be 8 feet. If multistem trees are used, they must have 3 to 5 stems and posses an average height of 8 or greater at the time of planting. All trees must comply with the American Standard for Nursery Stock, published by the American Association of Nurserymen.
(E) A stand of grass or mulch cover shall be established within 45 days upon any area where soil has been disturbed though grading. This 45 day period shall begin upon the first day of grading. A stand of grass shall be considered established when grass blades 3 inches tall or taller cover 80% or more of the bare earth. Mulch cover shall be considered sufficient when a layer of organic material is placed on 80% of the exposed surface area to a depth of 2 inches or more.
(Ord. passed 9-11-2006)
A continuous perimeter planting strip, located on private or government/institutional property abutting the public right-of-way, with a minimum width of 8 feet, shall be required.
(A) Wherever planting strips are free of overhead lines they shall be planted with large maturing trees, 1 such tree to be planted not more than 30 feet apart and not less than 15 feet apart. In cases where overhead utility lines exist, a small maturing tree shall be planted. If small maturing trees are planted 1 such tree shall be planted not more than 20 feet apart and not less than 8 feet apart. Each tree shall have a minimum two-inch caliper when planted. The planting strip for street trees shall be a minimum width of 8 feet.
(B) The public property in the right-of-way may not be used to fulfill requirements for minimum width or area.
(C) Planting materials must be
selected from the approved plant materials list of the Town of
(Ord. passed 9-11-2006)
Certain land uses may create an adverse impact when developed adjacent to other less intensive land uses. Bufferyards with a screen shall be required between a proposed development and a dissimilar existing land use or zoning designation to provide a transition between them. A bufferyard is a strip of land together with some form of screening such as existing vegetation, planted vegetation, a landscaped earthen berm, a fence, a wall, or a combination of the above.
(A) Landscaped bufferyards must be a minimum width of fifteen feet. Total number of plants required for every 100 linear shall equal or exceed 18. The composition of these required plants shall be 6 evergreen trees, 2 large deciduous trees, 2 small deciduous trees, 6 evergreen shrubs and 2 deciduous shrubs.
(B) Grade changes in areas to be included in the landscaped bufferyards shall not exceed 5% from the pre-development profile, except wherein an earthen berm is incorporated as part of the landscaped area.
(C) All dumpsters, loading docks, or utility structures visible from a public street or adjacent property line shall be screened unless already screened by an intervening building or bufferyard. Landscaping shall not interfere with the access and operation of any such structure or facility. All unenclosed outdoor storage areas greater than 25 square feet shall also be screened from adjacent properties and streets. Screen types shall include 1 of the following:
(1) A continuous hedge of evergreen and/or densely twigged deciduous shrubs;
(2) A row of evergreen trees planted no more than 8 feet apart; or
(3) A fence or wall with a minimum height of 6 feet.
(Ord. passed 9-11-2006)
(A) Interior parking areas shall be landscaped in addition to the required landscaped buffer strip. Trees must be provided in each parking lot at a minimum average density of 1 shade tree (2-inch caliper minimum) for each 15 parking spaces provided, or any fraction thereof. In the case of mini warehouses, such parking spaces shall be determined by the number of parallel parking spaces contained in the required loading and unloading lanes.
(B) The minimum area to be set aside per tree planted is 140 square feet. The minimum width for any 1 dimension of a parking lot planting space shall be 8 feet.
(C) Additionally, interior parking lot landscaping shall include a minimum area equal to 6.5% of the total project area as depicted in the landscape plan.
(D) Interior landscaped area for individual trees may be reduced by 10% when required plantings are grouped together. Example: minimum square footage for 1 tree planted singularly: 140 square feet; minimum square footage for 2 trees planted together: 252 square feet (140 X 2 - 28 = 252). A maximum of 25% of the trees planted in compliance with this chapter may be grouped as specified above. This credit will not apply to parking lots with less than 8 trees required.
(E) Interior landscaped area may be reduced by thirty percent on any portion of parking lot where water pervious surface material, such as, gravel, brick pavers, porous concrete or fractured slate is used.
(Ord. passed 9-11-2006)
(A) Existing preserved trees and shrubs may be credited towards required buffer trees, street trees, and parking lot trees.
(B) (1) Credits and other incentives to preserve vegetation. Preserved trees may be credited at the rate of:
2"-6" caliper tree = 1 tree
7"-12" caliper tree = 2 trees
13"-18" caliper tree = 3 trees
19"-24 " caliper tree = 5 trees
25" + caliper tree = 6 trees
(2) In order to receive credit, preserved vegetation must be in good health and condition. Trees designated to be preserved must be indicated on the landscape plan.
(Ord. passed 9-11-2006)
Modifications for alternative compliance with the requirement of this chapter may be issued by the Tree Board. The petitioner must show due cause why said requirements can not be met. Any alternative compliance measures agreed to by the Tree Board must meet with the intention of this chapter and must equal or exceed in beneficial effect those of the standard requirements.
(Ord. passed 9-11-2006)
Please Refer to the Town of Wilkesboro Historic Preservation Commission Design Guidelines, Section II, Project Review and Approval.
(Ord. passed 9-11-2006)
(A) Any person who violates any provision of this chapter shall be notified by the Public Works Director of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with this chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be had.
(B) If any aggrieved person disagrees
with a decision of the Public Works Director, such person may request a hearing
within 10 working days of receipt of the violation. The request must be in
writing and directed to the Tree Board's secretary. The secretary shall
immediately assemble an appeals board from among the membership of the Tree
Board. The chairperson of the Town of
(C) The appeals board may modify, amend or revise the decision appealed. The decision of the appeals board shall be served upon the appealing party by registered or certified mail, return receipt requested, or by hand delivery.
(D) If any aggrieved party is dissatisfied with the decision of the appeals board, an appeal may be taken to the Wilkes County Superior Court. Notice of the appeal must be filed within 10 working days of receipt of the appeals board's decision. The parties may stipulate that the appeal to the Wilkes County Superior Court shall be a review of the record only. In the absence of a mutual stipulation, the review shall be de novo.
(E) Any aggrieved party may request
an injunction to preserve the status quo during the pending of any appeal in
accordance with applicable
(Ord. passed 9-11-2006)
(A) Civil penalty. Any person who violates any of the provisions of this chapter shall be subject to a civil penalty. The amount of the civil penalty shall be $100 except as hereinafter provided. Each day of a continuing violation shall constitute a separate violation. The appeals board shall determine and assess the civil penalty, if any, at the time of the appeals hearing, if one is requested. In the absence of an appeal, the Public Works Director shall submit a request to the chairperson of the appeals board who shall assemble the appeals board and assess the civil penalty with supporting documentation upon prior notice to the violating party of the date and time of the appeals board hearing. At least 10 days notice shall be given to the violating party of the date, time and location whereby the appeals board will consider the request to assess a civil penalty. In determining the amount of the civil penalty, the appeals board shall take into consideration the amount of money that the violator would be required to spend in order to be in compliance with the provisions of this chapter, the amount of money saved by the violator in violating the ordinance, the cost of replacement of any removed tree, shrubbery or regulated tree. In determining the specific amount of the civil penalty for damage or destruction to regulated trees, the appeals board shall use the standard tree evaluation formula provided by the International Society of Arboriculture, as it may be amended from time to time. The standard tree evaluation formula is made a part of this chapter and adopted herein by reference. A maximum fine of $5,000 is hereby set for that portion of the civil penalty dealing with replacement cost of an individual tree. The appeals board shall have no discretion to vary the cost figures set forth in the formula. The appeals board may however, recommend that the amount of the civil penalty be modified as part of a negotiated settlement with the city. Upon failure of the violator to pay the assessed penalty or reach an equitable settlement within 30 days, an action in the nature of debt in the name of the city in the appropriate division of the general courts of justice may be instituted by the city attorney for recovery of a debt.
(B) Criminal penalty. A violation of this chapter subjects the offender to a civil penalty, pursuant to the authority granted by G.S. § 160A-175, and does not subject the offender to the criminal penalty provisions of G.S. § 14-4.
(C) Injunctive relief. Whenever there exists reasonable cause to believe that any person is violating this chapter or any standards adopted pursuant to this chapter or any term, condition or provision of an approved permit, the city may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the town for a mandatory or prohibitory injunction and an order of abatement demanding the violator to correct the unlawful condition upon or cease the unlawful use of the property.
(Ord. passed 9-11-2006)