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 Cherokee County
 Zoning
 Article 27. TREE PRESERVATION AND REPLACEMENT ORDINANCE

  § 27.4. Violation and penalties.  

Latest version.

  • 4.1

    Violation of any section of this ordinance shall cause imposition of penalties as set forth in this Section. Such penalties may be imposed against the property owner, applicant, developer, contractor performing the work that constitutes the violation or any other individual or entity that can be established as a responsible party in the discretion of the county (collectively the "Offending Party"). Any offending party may be issued a citation and summons to appear before a court of competent jurisdiction, and may be deemed guilty of violating a county ordinance, and may generally be punished by a fine not to exceed $1,000.00, in addition to the more stringent and specific penalties provided for in this section, nothing shall limit the county from pursuing any other available legal remedy, including, but not limited to, the pursuit of injunctive relief and the denial, revocation, or suspension of any county permits.

    4.1.1

    Activities under a land disturbance permit.

    4.1.1.1.  Unauthorized removal or permanent damage of each overstory or understory tree in a tree save area, zoning buffer and stream bank buffer: Immediate stop-work order, plus a fine of not less than $500.00 for each occurrence, plus $1.00 per square foot of disturbed area; not to collectively exceed $1,000.00 for any single occurrence; plus re-vegetation as directed in the discretion of the arborist.

    4.1.1.2.  Unauthorized removal or permanent damage of each specimen tree: Immediate stop-work order, plus a fine of not less than $1,000.00, plus replacement planting at three times the density unit value of the removed or damaged specimen tree as shown in appendix C—Table A.

    4.1.1.3.  Unauthorized removal or permanent damage to any heritage tree: Immediate stop-work order, plus a fine of not less than $1,000.00, plus replacement planting at eight times the density unit value of the removed or damaged heritage tree as shown in appendix C—Table A.

    4.1.1.4. Failure to meet site density factor requirements (see appendix C): Immediate stop-work order, plus withholding of certificate of occupancy or final plat approval.

    4.2

    If the exact DBH or type of tree(s) removed or damaged is not readily apparent then, the amount of replacement shall be determined based on the arborist's estimate of the removed or damaged tree or trees based on information from the site development plans and/or site conditions. The location, species and planting specifications of replacement trees shall be approved by the arborist prior to replanting, in accordance with the requirements of this ordinance.

    4.3

    All violations that are of a continuing nature shall constitute a separate offense for each occurrence.

    4.4

    The arborist is hereby charged with the responsibility for the enforcement of this ordinance. The county marshall's office will serve notice to any person in violation thereof or institute legal proceedings as may be required.

(Ord. No. 2008-Z-001, § 4, 1-15-08)