ARTICLE V.5. TREE PRESERVATION REGULATIONS Sec. 23-67. Intent and objectives. It is the intent of this article to promote the health, safety and welfare of the general public through preservation and protection of existing trees that have matured to a size of eight (8) inches caliper by requiring retention and/or replacement. Mature trees promote clean air quality, reduce the harmful effects of wind, heat, noise, and glare, prevent soil erosion with their root system, and promote diversion of surface waters by creating natural drainage systems. Further, it is the intent of this article to enhance the aesthetic qualities of property, to provide for an attractive and harmonious community, to preserve scenic and ecologically sensitive areas, and to provide for a visual and physical buffer to protect all property values where these trees exist. In concert with the landscape requirements of this chapter, existing trees can count toward planting requirements for interior parking lot landscaping and perimeter landscaping. Sec. 23-67.1. Jurisdiction. The requirements of this article shall apply to all land within the corporate limits of the City of North Myrtle Beach. Sec. 23-67.2. Applicability and exemptions. All properties shall comply with requirements of this article except as otherwise exempted below: (1) Utility construction--companies and governmental agencies installing and maintaining utilities in easements and rights-of-way shall be exempt when acting in accordance with approved construction plans. (2) Wetlands mitigation--wetlands mitigation shall be exempt when working from an approved plan of the US Army Corps of Engineers, South Carolina Department of Environmental Control (DHEC) or the Office of Ocean and Coastal Resource Management (OCRM). (3) Nursery--Trees grown specifically for sale, as a part of the commercial activity, shall be exempt. (4) Any situation involving trees, which is determined to be a threat to public health, safety or welfare, as determined by the city manager or his designate, shall be exempt. (5) Reserved. (6) Any tree determined to be severely damaged, in hazardous condition, disabled, or dead shall receive written approval from the zoning administrator after the condition of the tree has been verified. A replacement tree shall be planted as approved by the zoning administrator. (7) Pine trees of any size. (Ord. No. 02-03, 1, 2-4-02; Ord. No. 05-16, 1, 4-4-05) Sec. 23-68. Tree preservation requirements. (1) All single-family and duplex residential lots (prior to and during construction) outside of the footprint of the house and swimming pool area shall conform to the following:
(a) A plan shall be submitted showing all trees over six (6) inches (caliper measurement) for review and approval by the zoning administrator. Once approved, any tree up to sixteen (16) inches (caliper measurement) may be cut without a permit. (b) Trees greater than sixteen (16) inches (caliper measurement) within the footprint of a proposed single-family/duplex structure and swimming pool area may only be removed with the issuance of a building permit. To obtain a permit, an application with building plans, site plan, tree survey, and required fees must be submitted to and approved by the planning and development department. No replacement trees are required for trees removed within the footprint of a proposed single-family/duplex structure and swimming pool area. (c) Trees outside the footprint of a proposed single-family/duplex structure and swimming pool area between sixteen (16) and twenty-four (24) inches (caliper measurement) may only be removed with a permit. To obtain a permit, a site plan, tree survey and tree replacement schedule must be approved by the zoning administrator. The replacement shall be one-half ( 1/2) inch (caliper measurement) for every one (1) inch caliper removed. (d) The zoning administrator may waive the site plan and tree survey requirements. (e) Trees greater than twenty-four (24) inches (caliper measurement) may only be removed with permission from the board of zoning appeals. The board will establish a replacement schedule. least seventy-five (75) percent of the same types of trees removed. (2) All single-family subdivisions shall conform to the following: (a) Trees greater than sixteen (16) inches shall be designated on a tree survey submitted with the subdivision application. (b) A site plan, subdivision construction plans and a tree replacement schedule shall be submitted with the subdivision application. Tree replacement within the subdivision is the goal of this ordinance, however, if replacement is impractical in rights-of-way, funds shall be deposited in the tree mitigation bank pursuant to section 23-70.2 in lieu of planting the required tree(s). (c) The planning commission may authorize removal of any tree, including trees of greater than twenty-four (24) inches (caliper measurement), if in their review they find that installation of infrastructure is not possible because of the tree. A replacement schedule of one-half ( 1/2) inch caliper for every one (1) inch caliper removed is required. least seventy-five (75) percent of the same type of trees removed. (3) All other properties shall conform to the following: (a) Excluding trees required by Article V, any tree up to ten (10) inches (caliper measurement) may be cut at any time without a permit except on vacant lots. (b) A tree survey is required, which will designate all trees on the property over eight (8) inches (caliper measurement). (c) Trees between ten (10) and twenty-four (24) inches (caliper measurement) may only be removed with a permit after approval of a site plan, construction plans and a tree replacement schedule. The replacement schedule shall be one-half ( 1/2) inch (caliper measurement) for every one (1) inch caliper removed. (d) The site shall retain or replace one hundred sixty (160) caliper inches per acre. The retention caliper may include pine trees otherwise exempt from this article. (e) Trees greater than twenty-four (24) inches (caliper measurement) may only be removed with permission from the board of zoning appeals. The board will establish a replacement schedule.
(f) No tree that was required pursuant to the landscape article shall be removed except with approval of the zoning administrator and then only replaced with authorized landscape material of a comparable caliper. least seventy-five (75) percent of the same type of trees removed. (Ord. No. 02-03, 1, 2-4-02; Ord. No. 02-41, 1, 10-21-02; Ord. No. 05-12, 1--3, 3-7- 05; Ord. No. 05-33, 1, 8-1-05) Sec. 23-68.1. Diversity requirements. It is the intent of this article to obtain diversity of tree species whenever replacement is required. The replacement schedule required by this article shall state the size, type and location of trees. When multiple trees are required to meet the standards, the following shall apply: (1) Five (5) to twenty (20) trees required--a minimum of two (2) types of trees shall be planted; and (2) Twenty (20) and greater trees required--a minimum of seven (7) types of trees shall be planted. For recommendations on the variety of tree replacement, refer to the City of North Myrtle Beach Tree Master Plan and the plant material section of the landscape requirements in the zoning ordinance. Sec. 23-68.1.1. Calculation for determining whether tree should be planted or property owner should pay into tree mitigation bank. When a lot has numerous healthy trees on it, there may be a lack of light, air, and room for root development. Planting additional trees may not be practical for the tree to survive and grow into a healthy tree. When this is the case funds can be deposited in the tree mitigation bank pursuant to section 23-70.2 in lieu of planting the required tree(s). The objective is to plant the trees on the property when required, however should there be an abundance of trees on the property, the zoning administrator can use the following calculation as the minimum number of existing trees and caliper on the property for determining whether the tree should be planted or the property owner should pay into the tree mitigation bank: TABLE INSET: Lot size Less than 7,000 square feet Number of trees and caliper 2 trees, total caliper 20 inches 7,001 to 10,000 square feet 3 trees, total caliper 30 inches 10,001 to 15,000 square feet 4 trees, total caliper 40 inches 15,001 to 30,000 square feet 6 trees, total caliper 60 inches Greater than 30,000 square feet 1 tree per each 5,000 square feet, total caliper 10 inches per tree Existing palm/palmetto trees shall count one-fourth ( 1/4) caliper inch for each one (1) caliper inch. (Ord. No. 05-33, 2, 8-1-05) Cross references: Tree mitigation bank, 23-70.2.
Sec. 23-68.2. Maintenance and inspection. It is the responsibility of the property owner to maintain all trees required by this article. Failure to do so will be considered a violation subject to the remedies described in the enforcement section of this article. The office of the zoning administrator will periodically inspect properties affected by this article and determine their status. Sec. 23-68.3. Tree protection during construction. (1) A tree protection zone (see diagram below) shall be established around all trees protected by this article. This zone shall exist on vacant lots, construction sites and sites where development has been completed. Prior to any development on a property, a tree protection zone shall be shown on all construction drawings, site plans and subdivision plats (preliminary and final) equal to one-half ( 1/2) foot for each one (1) inch (caliper measurement) of the retained tree. Protection zones may intersect or overlap. Within a tree protection zone, the following shall apply: (a) No building material or other construction-related material shall be stored; (b) No dirt, rock, coquina, sand, or other natural material shall be stored; (c) No impervious surface shall be allowed at any time; and (d) No disturbance of the original land within the protection zone, such as trenching, installation of utilities or building foundations, shall occur except with prior approval of the zoning administrator. Protective barriers shall be placed around the perimeter of the tree protection area before land disturbance and remain until completion of the site improvements. Diagram showing how to measure the tree protection zone: (2) Modifications to the above construction protection standards may be authorized by the zoning administrator. (Ord. No. 02-03, 1, 2-4-02; Ord. No. 07-24, 1, 6-18-07) Sec. 23-69. Administrative review. Administrative review will be consistent with established procedures of the planning and development department. The tree survey and tree replacement schedule will be additional submissions for all applicable projects. Sec. 23-70. Enforcement. A permit is required to cut any tree over eight (8) inches caliper measurement except single-family or duplex lots where a permit is required to cut any tree over sixteen (16) inches caliper measurement. Cutting a tree without a permit or any violation of the provisions of this article shall require replacement with two (2) times the caliper as that which was removed. The replacement requirement can be made with one (1) tree or any number of trees of like kind as the tree removed that adds up to the required caliper. Palm/palmetto trees will only count one-fourth ( 1/4) inch for each one (1) inch caliper as replacement value. Cutting a tree in excess of twenty-four (24) inches caliper without approval of the board of zoning appeals will require that the violation go before the board of zoning appeals to have the replacement value determined. If it is not possible to determine the size of the tree removed, a minimum replacement of one hundred sixty (160) caliper inches per acre will be required. Should
the property owner refuse to replace the illegally cut tree, the enforcement provision of section 23-7 shall apply. (Ord. No. 02-03, 1, 2-4-02; Ord. No. 04-41, 1, 9-20-04) Sec. 23-70.1. Exempted developments under construction. Recognizing the expense, time, and complexities involved in plan development and project initiation, the following projects in progress at the date of this ordinance shall be exempted during construction from compliance with the tree preservation requirements of Article V.5 and granted the protections and restrictions provided nonconformities under Article VIII of this chapter: (1) Single-family subdivisions where they have received preliminary plat approval and a permit; (2) Multifamily residential, commercial and industrial uses where they have received site plan approval and a permit; and (3) Any incomplete PUD in order to complete the approved site plan. If the adopted site plan is amended by legislative action, it is no longer exempt and shall meet the provisions of this article as if it is a new PUD. At such time as any of the above mentioned projects have been completed and received a certificate of zoning compliance and certificate of occupancy, they shall be subject to the provisions of this article. Sec. 23-70.2. Tree mitigation bank. The tree mitigation bank is established as an alternative to planting required replacement trees when it is not feasible to plant said trees. The purpose of the bank is to obtain funds in lieu of planting the trees on private property. The funds will be used for the sole purpose of planting trees on public grounds and rights-of-way. The North Myrtle Beach tree city committee and the department of parks and grounds will manage the account and determine when and where trees are to be planted. Replacement value shall be one hundred dollars ($100.00) for each one (1) caliper inch required. (Ord. No. 05-33, 3, 8-1-05) Cross references: Calculation for determining whether tree should be planted or property owner should pay into tree mitigation bank, 23-68.1.1.