§ 27.9. Mitigation measures.

9.1

General. It shall be the policy of the county to maximize the preservation and maintenance of existing trees and where necessary the planting of replacement trees. An approved tree protection and replacement plan must be included as a condition for issuance of a land disturbance permit. The arborist shall have the authority to reject and/or approve appropriate measures (including a combination of measures) based on the requirements of this ordinance and the particular circumstances of each project. It shall also be the policy of the county to provide guidelines for new tree plantings in those instances where no trees currently exist, e.g., former pasture land. The provisions of this section are intended for the protection of either individual trees or stands of trees as a condition for approving of destruction, or damage to, tree or woodland/forest resources.

This is driven with the following objectives in mind:

1.

Protect existing trees or woodland/forest resources;

2.

Provide additional protection for specimen and heritage trees;

3.

Planning for and identifying tree save areas at the earliest stages of development process.

9.2

Preservation and protection of existing trees.

9.2.1

The required site density factor shall first be met with existing trees when possible (see section 27.8). Special emphasis shall be afforded to the preservation of heritage and specimen trees (see appendix A and B). When a choice is available as to which existing trees to save, heritage trees and specimen trees, even isolated individual trees, shall be given preference over other trees. As provided for in appendix B, heritage trees shall be afforded special protection and may be removed in accordance with appendix B.

9.2.2

Protection of existing individual trees and/or stands shall be incorporated as a required portion of initial design and project layout through project build out to include the following:

1.

Planning for and identifying tree save areas at the earliest stages of development process;

2.

Initial design of project lay-out;

3.

Relocate proposed structures or infrastructure as necessary;

4.

Utilize appropriate construction and planning methods to minimize damage to tree roots during construction; and

5.

Set aside portions of project area as woodland/forest preserves conservation areas.

9.3

Planting of new trees. If the required site density factor cannot be accomplished with existing trees, replacement trees shall be planted as required by this ordinance. Using the guidelines provided in section 9.3.3 below, the precise locations may be at the discretion of the arborist.

9.3.1

Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability.

9.3.2

Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication, "Tree and Shrub Transplanting Manual" or similar publication. Reference the American Association of Nurserymen publication "American Standard for Nursery Stock" (ANSI Z60, 1973) for plant material quality specifications. Reference the latest edition of the "Manual for Woody Landscape Plants: Michael Dirr, ISA Guidelines and ANSI Standards, or similar publication for information on site requirements for various tree species.

9.3.3

Guidelines:

(1)

Plant new trees in landscaped portions of parcel to replace those removed.

(2)

Plant new trees on lands that currently lack trees (usually pasture or farmland).

(3)

Plant new trees on portions of the project area set aside as tree save areas.

9.3.4

When new plant materials are to be installed, a plant material list shall be provided. Said list shall include:

1.

Common and botanical names of all proposed plants.

2.

Plant quantities.

3.

Size and condition of plants. (Example: two-inch caliper, six feet height, balled and burlapped).

4.

Spacing.

9.3.5

Artificial materials prohibited: All artificial plants, trees, shrubs, grass or other vegetation shall be prohibited from fulfilling the requirements of this ordinance.

9.3.6

In the event that the minimum tree density cannot be met on a parcel then two alternatives chosen at the discretion of the arborist, are available for compensation and issuance of approval, of the tree preservation and replacement plan.

1.

Tree bank. It shall be at the discretion of the arborist to designate sites other than said parcel for tree bank planting in order to achieve minimum site density requirements. The arborist shall have the authority to allow approval of off-site replanting in a tree bank upon receipt of a site plan indicating site constraints that prevent the replanting of said trees. Approval for off-site replanting shall not exceed 25 percent of total trees required for replanting.

2.

Tree replacement fund contribution. County arborist will require three estimates from competent landscape contractors and middle dollar value will be used.

The arborist shall have the authority to allow individuals developing sites to make contributions to the Cherokee County Tree Replacement Fund in lieu of the required replanting. Contributions shall be calculated by the arborist and shall be paid prior to the issuance of a land disturbance permit. Contributions shall be calculated as to reflect the current replacement cost (including labor) of the total number of trees that are required but are not planted. These contributions will be used to plant trees in public spaces or other areas of the county. Approval for tree replacement fund contribution in lieu of on site replanting shall not exceed 25 percent of the total trees required for replanting.

(Ord. No. 2008-Z-001, § 9, 1-15-08)