The Town's staff proposed to the Planning Commission that the provisions of the Town's Zoning Ordinance regarding protected trees be applied to major residential subdivisions. Trees with DBA (diameter at breast height) of eight inches or greater are already protected with new commercial, multifamily, or institutional development. This change will apply these rules to new major residential subdivisions. While few major subdivisions are likely in the future, there have been two over the last four years. The Preserve at Dills Bluff is already in construction and the"Bootleggers" is moving forward. The rule change would not apply to those major subdivisions, but it will apply to any future major subdivisions.
The basic rule is that 20 trees greater than 8 inches per acre must be left on a site. However, the larger the tree, the more credit provided, so it is more accurate to state that 160 inches DBA per acre must be left on the site. If there are too few large trees on the site, then new trees must be planted. That requirement is 40 inches DBA per acre. These rules already apply to most new development. The change is that it will now apply to newly developed major residential subdivisions.
The Town's Planning Commission has recommended this change to Town Council.
In my opinion, the provisions of the Town's tree ordinance should apply to major residential subdivisions in a way consistent with commercial, multi-family, or institutional development.
Town staff has also proposed that the Planning Director be authorized to allow the removal of protected trees greater than 8 inches DBA if necessary for the reasonable use of the property. Removal of any "Grand Tree," with DBA greater than 24 inches, would still require approval by the Town's Board of Zoning Appeals. The Town's Planning Commission has recommended this change to Town Council.
In my opinion, the Town's Board of Zoning Appeals should focus on "Grand Trees" which are special, and leave the merely average "protected trees" to the Town's Planning Director.
Town staff proposed that the Planning Director be authorized to determine the necessary mitigation for protected and grand trees that are removed. The Town's Board of Zoning Appeals retains the sole authority to permit the removal of any grand tree, but details regarding the mitigation plan are left to the Planning Director. The Town's Planning Commission recommended this change to Town Council.
In my opinion, experience has shown that flexibility is needed in calibrating mitigation plans because such plans involve specific locations and particular trees that we hope will not only survive but flourish. The Planning Director can work with a property owner to determine an effective and fair mitigation plan.
Town staff proposed that the Town's Tree fund be used for beautification generally. The Planning Commission recommended against that proposal and instead limited those funds to be used solely for the planting or maintenance of trees. In other words, the Planning Commission recommends that the Town Council spend no monies on shrubs or flowers, but only on trees. The Planning Commission's proposal did slightly add to the discretion allowed to Town Council. The funds may be used to maintain existing trees rather than solely plant new ones.
In my opinion, the Town of James Island has many trees, and while we may well have reason to use Town funds to plant new ones from time to time, planting shrubs and even annuals may sometimes be a better use of the Town's limited funds. However, allowing the Town to use those funds to maintain existing trees rather than just plant new ones is an important and desirable change.
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