The Planning Commission voted 3 to 2 to impose stricter regulation on James Island homeowners last night. They recommended changing the definition of grand tree to all trees other than pines, sweet gum, and Chinese tallow with diameter 18 inches or greater.
Commissioners Milliken and Hardin voted for stricter regulation, which they have been promoting for several months. Chairman Bevon voted in favor as well, reversing the result from the May meeting of the Planning Commission.
Commissioners Lohr and Neal voted against recommending the stricter regulation. I appreciated Commissioner Lohr's arguments in favor a letting homeowners make their own decisions.
Two town citizens spoke out in opposition to excessive regulation. Three Town residents spoke out in favor of stricter regulation.
I was especially irritated with Carol and Frank Temple who called for stricter regulation of trees in the Town. Why? They abandoned the Town when it was closed in 2011 and annexed to the City of Charleston. And now they were telling us how to regulate the trees in our yards. (Carol Temple was the Democrat candidate for SC House who lost in a landslide to Town resident and supporter Rep. Peter McCoy.)
The Town received 17 emails, one letter, and one call in opposition to the stricter regulation. The Town received 22 emails from Town residents in favor of the stricter regulation, mostly right before the June 20th Town Council meeting. (It is important to keep in mind that all of this public input amounts to 1/2 of one percent of the voters of the Town.)
The Planning Commission makes recommendations to Council. A public hearing will be held on chapters 8 and 9 as amended at the Town Council meeting on September 19. First reading on the amended chapters will be held at that meeting. Second and final reading will be held at the October meeting.
Since Councilman Kernodle, Councilwoman Berry, and Councilman Mullinax all voted to amend chapter 8 and 9 to impose these stricter regulations, it is likely to pass unless one of them changes their mind.
If the stricter regulations do pass, after October 17, anyone cutting down or severely pruning any tree other than a sweet gum, pine, or Chinese tallow with diameter 18 inches or greater without a permit will be subject to heavy fines. (A homeowner recently cut down a 26" oak tree and has a $6,000 fine.) If a certified arborist says that the tree is diseased or dying, then the Planning Director will issue a permit for $25. To remove a healthy tree, the homeowner must pay the $25, appear before the Board of Zoning appeals and if a variance is granted, inch-for-inch mitigation is required. (The BZA has rejected the one request the Town received from a homeowner. It has approved two requests, though the mitigation it imposed for 2 water oaks, one 26' and one 36" is estimated to cost at least $20,000.)
Before the Commission vote, Town Planner Kristen Crane presented the staff recommendations. The first was to remove the definition of grand trees from chapter 8 and just provide a reference to chapter 9. The second was to change the definition of grand tree to all trees with diameter greater than 24 inches, instead of just oak trees. The third recommendation was to create an exception from the tree regulation by removing all invasive species identified by the South Carolina Pest Plant Council along with pines and sweet gums. (Chinese tallow tree are on the list of pest trees.) The fourth recommendation was to allow trees to be removed from single family residences if they are within `12 feet of the permitted of an existing or proposed single family home.
None of the staff recommendations were even considered by the Commissioners. Fortunately, Town Council can pass a resolution requesting that the Planning Commission make a recommendation regarding the staff proposals. After the Planning Commission makes a recommendation, Town Council can act on those recommendations, perhaps as early as the October meeting.
