The second reading of Chapters 8 and 9 is coming up at the October 17 meeting. And that means that stricter tree regulations will be imposed if the ordinances pass. At the last meeting, they passed 3 to 2, with Councilmen Kernodle and Mullinax and Councilwoman Berry in favor. Councilman Blank and I were opposed. The new tree regulations will require a permit to cut down any tree other than pine, sweet gum, or Chinese Tallow with a diameter greater than 18 inches. The existing ordinance requires a permit to cut down oak trees with a diameter greater than 24 inches. If a tree is dead or dying, then the Planning Director can issue a permit and the cost is $25. Otherwise, it is necessary to get permission from the Board of Zoning Appeals and provide inch-for-inch mitigation.
We have had several calls to Town Hall about cutting down trees right now. Today, and up until October 17, there is no penalty for cutting down any tree other than an oak, nor is there any penalty for cutting oak trees with a diameter less than 24 inches. No permit or permission is needed. Our code enforcement officer will not, and cannot, give a ticket to people for doing something that is not illegal at this time.
I am thinking about cutting down one or both river birches in my front yard.
However, if you come to Town Hall asking for a zoning permit for a new project, you will be instructed to follow the procedures consistent with the new law. For example, if you need to do a tree survey, you will be asked to identify all trees with diameter greater than 18 inches other than pines, sweet gums and Chinese Tallow trees as grand trees. This is based upon the "pending ordinance doctrine."
Is it true that we must require inch-per-inch ? What requires that?
ReplyDeleteI am a member of the BZA, and I am unaware that we MUSZt require inch-per-inch mitigation.
Is that true?
It is the interpretation of "replace." What principle would you suggest instead?
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