Appendix B. HERITAGE TREES

Cherokee County residents have long enjoyed an abundance and diversity of trees and forests. These have served as resources for shelter and products, shaded homes and streets, and immeasurably added to the aesthetic character of towns and neighborhoods. Many urban trees have been associated with historic events or sites or have been planted by individuals or groups commemorating special events or community leaders.

The Cherokee County Heritage Tree Register will recognize noteworthy trees or groves of trees and acknowledge the significance selected individual trees or stands have had to our communities. It is the intent of this ordinance that this process of identifying and publicly noting significant (heritage) trees and maintaining the register listings with accurate historical and current data should result in appropriate maintenance and adequate consideration being given to the status of trees as urban assets of particular vulnerability in changing urban areas.

Heritage trees are individual trees or groves of trees of any size or species that are specially designated as heritage because of their historical, commemorative, or horticultural significance. The list of designated heritage trees remains open for new designations and provides useful information to the planning and zoning staff regarding the importance of their actions while planning activities near heritage trees.

Cherokee County shall compile a list of heritage trees which may also include the oldest, tallest, largest and rarest native and exotic tree species growing in the county. One example of each species shall be designated with a small plaque placed at base of the tree.

Anyone may nominate a heritage tree by contacting the county arborist.

Upon nomination by any person and with the written consent of the property owner(s), the county may designate a tree or trees as a heritage tree. After county approval of a heritage tree designation, the county arborist shall notify the property owner(s) in writing.

No tree on private property can be designated without the consent of the current property owner. Once designated by current owner as a heritage tree, this ordinance further states that it is unlawful for any person, without a prior written permit from the board of commissioners, to remove, destroy, cut, prune, break or injure any heritage tree. No heritage tree designation can be removed without the approval of the board of commissioners. If a heritage tree becomes a hazard, follow steps as defined in subsection 27.6.3.

Within five days of designation as a heritage tree, the property owner shall do one of the following:

(1)

Execute an owner's affidavit that identifies the tree(s) on the property which is classified as a heritage tree(s) and state that it is unlawful for any person, without a prior written permit from the board of commissioners, to remove, destroy, cut, prune, break, or injure any heritage tree.

The affidavit shall be recorded in the land records of Cherokee County in the chain of title for the respective property, and a copy of the affidavit shall be provided to the county arborist. A form owner's affidavit may be obtained from the county for use.

(2)

Execute a conservation easement that identifies the tree(s) on the property which is classified as a heritage tree(s), which conservation easement shall provide for the protection, preservation, and conservation of the heritage tree(s). The conservation easement shall further state that it is unlawful for any person, without prior written permit from the board of commissioners, to remove, destroy, cut, prune, break, or injure any heritage tree. The conservation easement shall be recorded in the land records of Cherokee County in the chain of title for the respective property, and a copy of the conservation easement shall be provided to the county arborist. A form conservation easement may be obtained from the county for use.

Requests for the removal of a heritage tree designation will be denied by the Board of Commissioners, unless one of the following findings is made:

(1)

There is a public benefit, or a public health, safety, or welfare benefit, to the injury or removal that outweighs the protection of the specific tree (public benefit means a public purpose, service, or use which affects residents as a community and not merely as particular individuals); or

(2)

The present condition of the tree is such that it is not reasonably likely to survive; or

(3)

There is an objective feature of the tree that makes the tree not suitable for protection; or

(4)

There would be a substantial hardship to a private property owner in the enjoyment and use of real property if the injury or removal is not permitted; or

(5)

To not permit the injury or removal would constitute a taking of the underlying real property.

Decisions on removal of a heritage tree designation are subject to appeal to the superior court.

(Ord. No. 2008-Z-001, 1-15-08)