Effective immediately, I am directing the staff to observe the following rules regarding tree removal in the public rights-of-way in Beaufort County:

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1 Policy Statement PS-13 DATE: June 6, 2001 TO: FROM: SUBJ: Randy Wood, Deputy Administrator Morris Campbell, Deputy Administrator Buz Boehm, Deputy Administrator Charles Gatch, Zoning Development Administrator Tony Criscitiello, Planning Director Tom Henrikson, Controller Robert Klink, Engineer Tax Increment Financing Staff John J. Kachmar, Jr., County Administrator Administrative Directive for Tree Removal in Rights-of-Way Effective immediately, I am directing the staff to observe the following rules regarding tree removal in the public rights-of-way in Beaufort County: 1. The Development Review Team (DRT) shall inform the County Administrator and obtain his written consent to allow the removal of any specimen tree which meets that criteria as set-forth in the Development Standards Ordinance (ZDSO) Section in the public rights-of-way in Beaufort County. This administrative directive shall govern the actions of the DRT in any review and approval process to which the DRT may be a party. 2. In addition, I am directing the Planning Department to initiate the Tree Trimming Conformance Agreement as envisioned in Section (b) (5) (a) through (g). Al1 utilities and the SCOOT shall be notified and given thirty (30) days to comment prior to full implementation. A copy of the proposed Tree Trimming Conformation Agreement is herein presented for County Council information. JJKjr:ch Attachment cc: County Council 1

2 BEAUFORT COUNTY ZONING ORDINANCE TREE TRIMMING CONFORMANCE AGREEMENT ESTABLISHED WITH PUBLIC UTILITIES AND OTHER PUBLIC AGENCIES THIS AGREEMENT entered into this day of, 20_ by and between Beaufort County, South Carolina (herein the County) and the public utility (herein identified as ). WITNESSETH: WHEREAS, trees as protected in Section of the Beaufort County Zoning and Development Standards Ordinance are considered to be an important natural, economic and aesthetic resource of the County of Beaufort; and WHEREAS, the Beaufort County Council has established an ordinance provision in Section (b) (5) of the Beaufort County Zoning and Development Standards Ordinance (ZDSO) governing the removal of specimen trees during the construction or maintenance of easements or rights-of-way for water, sanitary sewer, electricity, telephone, natural gas, cable, storm drainage, or other service lines; and WHEREAS, the Beaufort County Council has established a mechanism for specimen tree removal provided that Section I (b) (5) (a) through (g) is strictly observed and implemented; and WHEREAS, the Beaufort County Council has required a consultation process with the public utility involved in tree removal and the Beaufort County Planning Department; and WHEREAS, the Beaufort County Council has authorized the employment of a third party certified arborist at the publ1c utility's expense to advise the Planning Department and the public utility on specimen tree removal matters; and WHEREAS, the Beaufort County Council has identified the Zoning Board of Appeals as the entity to resolve disagreements over the enforcement of the provisions in Section NOW, THEREFORE, BE IT RESOLVED, that the following agreement is made between (the public entity), and the County of Beaufort concerning specimen tree removal, pruning, trenching and tunneling as specified herein with the unincorporated boundaries of Beaufort County. 1. Acknowledgment: It is acknowledged by each party that the protection of trees is an important value that translates into conservation actions by the public utility operating under this agreement in Beaufort County. This agreement is intended to govern the conduct of the parties with respect to trees along existing and future utility lines or easements and with respect to the 2

3 construction of other facilities. It is further acknowledged that this agreement pertains only to trees under County jurisdiction. II. Definitions: County: The County of Beaufort. For the purpose of this agreement, the Beaufort County Planning Department shall be the lead agency for the issuing of approvals as stipulated under this agreement. Other County agencies or departments may be consulted depending on the nature of the proposed activities. Diameter at Breast Height (DBH): The total di.ameter, in inches, of a tree trunk or trunks, in the case of trees with multiple trucks, measured four and one-half (4 if2") inches above the natural grade. Specimen Tree: (l) This term applied to understory trees means as follows: dogwood, redbud, and southern magnolia greater than four inches dbh; (2) The term applied to canopy trees means as foljows: American holly, bald cypress, beech, black oak, black tupelo, cedar, hickory, live oak, palmetto, pecan, red maple, southern red oak, sycamore, or walnut with a dbh of greater than sixteen inches; (3) All other trees with a dbh oftwenty-four inches or greater. III. The Criteria to be Used in Judging Whether Certain Trees Should be Saved: As part of the planning process, the (the public utility), agrees to consider trees as a corporate asset and as such shall consider trees as a material factor in the layout, design and construction of utility lines and facilities. To determine which trees should be saved, the following factors shall be considered. (1) Size: Specimen trees are the most important trees and shall be protected unless unusual and unique circumstances make it impossible to do so. (2) Condition: In determining the condition of a tree, the presence of disease, decay, or insect infestation, effecting the survival of the tree shall be factor in deciding if tree (or trees) may be cut. In such matters, a county selected certified arborist shall be consulted in determining the health of a tree (or trees) involved in a tree-cutting plan. (3) Location: Trees located within view of existing or planned public rights-of-way or other public lands are deemed especially valuable and require protection. In addition, trees which define or frame man-made spaces (i.e., roads, fields, parks, etc.) or natural spaces (rivers, streams, marshes, wetlands, etc.) provide privacy or 3

4 ';";""~ _..-_--~~-~~ ". screen undesirable views, are also deemed valuable and shall be preserved to the greatest extent feasible. (4) Species: Trees considered as having high value relative to other species include all species of oak, magnolia, bay, holly, elm, cypress, spruce pine, and palmetto. Such trees in good condition shall be preserved in the greatest extent feasible. (5) Root Protection: The majority of tree health problems can be traced to belowgrow1d causes. Therefore, it is essential to specifically underscore the existence of root zones and provide and plan for their protection. IV. The Standards for Protecting Trees: (1) Utility pruning shall be initiated with proper notification to the Beaufort County Planning Department. The point of contact within the Beaufort COW1ty Planning Department shall be the Natural Resources Planner. Pruning cycles will be conducted every four years with critical areas handled every two years or as necessary to maintain line clearance. (2) The removal, cutting or trimming of trees within rights-of-way shall be minimized to the greatest extent possible consistent with Section III above. The technique in trimming or pruning tree branches or root systems shall adhere to accepted arboricultural practices and as stated in the American National Standards Institute A 300 booklet for tree care operations. (3) Prior to removing specimen tree(s), the Planning Director or the Natural Resources Planner, and the adjacent property owner(s) shall be notified in writing at least ten (10) working days of the of specimen trees proposed for removal. If the Planning Department does not respond within fifteen (15) working days after notification, then permission shall automatically be granted for removal of the trees. If the County denies a request, it must give the reasons, in writing, for its denial. (4) Contact and coordination will be required by the public uti lity with the Beaufort County Planning Department prior to any line clearing and/or pruning-affecting trees is to commence. Area maps shall be provided by public utility with the designated streets, easements, or rights-of-way marked for COW1ty review. Notice of tree pruning or clearing will be distributed to property owners in the area proposed for activity prior to work being done. V. Review Procedures - Major Construction: (l) For the purpose of this section, the construction of electric transmission lines, gas lines, phone cable lines, television cable lines, substations, highways, water or sewer lines, water towers, and pump stations constructed or supervised by a public utility, and tunneling and trenching within rights-of-way or easements or on county property, shall be considered major construction. 4

5 (2) Where ever major construction is proposed within Beaufort County, the PlaIUling Director or his designee shall review the site plans with regard to the impact thereof on specimen trees, on areas containing highly valuable trees as defined in this agreement. No major construction shall be undertaken without the written approval of the Beaufort County Planning Director. Enforcement of this agreement shall be set forth in the Beaufort County Zoning and Development Standards Ordinance. VI. Mitigation: (1) Landscaping and other measures are recognized as valuable techniques to help mitigate the adverse impacts of removing trees for construction or maintenance. Mitigation shall be required as a condition for approving the removal of specimen street trees that are in good health. (3) Mitigation includes the planting of canopy trees, shrubs or understory trees to screen views along cleared rights-of-way or easements. The mitigation plan as a requirement for the issuance of a permit for tree removal must present a tree planting schedule for each location that specifies the type and quantity of each tree or shrub specimen proposed for planting. VII. Emergency Provisions: (1) In times of emergency when the safety of people or property is endangered due to thunderstorms, tornado, fire, ice, etc., specimen trees may be removed without prior approval of the County Planning Director. The public utility shall file a report with the Planning Department as soon as practical after an emergency event identifying the location of trees removed and the number of such trees as best as can be determined. In times of extreme emergency caused by a widespread disaster such as a hurricane, the County Administrator may absolve the public utility from filing such a report, VIII. Variance: Request for variances from the Section of the Zoning and Development Standards Ordinance shall be as provided generally. The decisions of the Beaufort County Planning Department as pertains to the specific enforcement of any part of this agreement shall be to the Beaufort County Zoning Board of Appeals. IX. Terms: The terms of this agreement shah be for a period of one (1) year, at which time it will be reviewed by each party. The renewal of the agreement will be for such term as the parties may at that time designate, 5

6 ..., X. Breach of Agreement: A breach of this agreement shall be deemed to be a violation of the Beaufort County Zoning and Development Standards Ordinance. Prosecution of the violation may be pursued as provided for in the Zoning and Development Standards Ordinance. If the County determines that acceptable mitigation measures have been offered and implemented, then the agreement may be reinstated. IN WITNESS THEREOF, the parties have set their hands and seals as of this day and year as written." WITNESSES: COUNTY OF BEAUFORT BY: ITS: ATTEST: WITNESSES: PUBLIC UTILITY BY: ITS: _ ATTEST: 6