SECTION J – TREE REMOVAL & REPLACEMENT POLICY

Article I

Purpose: This Article shall apply throughout the entire area of The Hideout, so as to preserve trees and woodlands from unjustifiable destruction; to preserve soil from erosion and sedimentation; and to protect the use and transfer of topsoil, all for the general well-being of the residents of The Hideout and neighboring downstream areas. Projects include, but are not limited to, new home construction, home additions/expansions, renovations, sheds, garages, driveways, decks, retaining walls, and any other such work requiring tree(s) removal or destruction.

Definitions: As used in this article, the following terms shall have the meanings indicated:

ECC: Environmental Control Committee

CROWN OF A TREE: The upper part of the tree including the branches and foliage.

DBH: Tree diameter is usually measured at 4.5ft. above ground level. Measurement at this height is referred to as Diameter at Breast Height or DBH

PERMIT: A “revocable license” to remove or destroy trees or to engage in land-disturbing activity, issued by The POA Hideout officer designated to enforce this article.

TREE: Any and all single and multi-trunked plants having diameters of three (3) inches or more at heights of 4.5 feet above the base of the trunk or multiple trunks.

WOODED AREA/WOODS: Any Lot that is 10% or more covered by crowns of trees as trees are defined herein.

NOTE: The term “Shall” in this Article always is mandatory and not discretionary; the word “May” is permissive.

Tree Removal Regulations

The following acts do not require a tree removal permit (only applies to non-construction related tree removal):

1. Trees under 3” DBH

2. Trees that have fallen, or are no longer standing on their own.

3. Tree trimming.

New Construction Related Tree Removal

1. All applications for NEW CONSTRUCTION/DEVELOPMENT shall be accompanied by a tree removal permit application that will be reviewed by the ECC.

2. Prior to approval of a new construction related tree removal application, photos will be taken by the Environmental Manager upon inspection for reference.

3. No tree shall be removed prior to the approval of both the tree removal permit, and construction related permit.

4. Prior to submitting a Tree Removal Permit Application, all trees must be flagged with red tape that will be provided at the POA building upon request.

a. Trees under 3” DBH need not be marked for removal.

5. The Environmental Manager shall inspect all trees flagged for removal, then decide on approval or denial.

6. After inspection of any trees flagged for removal, a determination for tree replacement shall be made by the Environmental Manager. The quantity of trees to be replaced is at the Environmental Manager’s / ECC’s discretion.

a. Tree replacement is to occur within 6 months of new construction project completion.

i. Healthy tree removal replacement shall be mandatory ii. Diseased / Dead tree removal replacement shall be a recommendation

7. The Tree Removal Permit issued by the Environmental Manager / ECC shall be displayed and available for inspection at the site where tree removal and replacement are to take place. The permit shall be placed in a location easily visible from the road while traveling in both directions (i.e. the signpost in the front of the property). DO NOT attach the permit to a tree.

Review and Approval of Permits

1. Applications for tree removal and Land Use Permits shall be processed in a timely manner. When all land use and tree removal permit requirements have been met, permits for the activity shall be issued. If a Land Use Permit is denied, the Tree Removal Permit pertaining thereto shall also be denied. No Land Use Permit shall be issued without the issuance of any permit required under this policy.

2. All approved Tree Removal and Land Use permits shall expire at the end of six (6) months from the date of issuance unless extension is requested by the lot owner. No more than one six (6) month extension shall be permitted from the expiration date of the original permit.

a. Upon extension of a permit, a new permit shall be issued. The issued extension permit is to be posted in the same regard as the original permit (reference article 7 under “New Construction Related Tree Removal” for proper permit location).

b. New Home Construction Permits shall expire at the end of one (1) year from the date of issuance. No extension shall be granted for a new home permit.

Criteria for Approval or Disapproval of Permit

In determining whether to approve or disapprove an application for a tree removal permit, the appointed Environmental Manager/ECC officer shall consider the following facts:

New Construction Criteria Considerations

1. In reviewing building site plans and applications for tree removal permits, the Environmental Manager shall inspect all trees for removal based upon the following factors: a. Tree Health / Size b. Safety c. Necessity of removal in regards to construction d. Environmental impact e. Aesthetic purposes

Non-construction Criteria Considerations:

1. Approval of non-construction related tree removal applications shall be based upon the following factors upon inspection:

A. Tree health / Size

B. Necessity of removal in regards to safety (public and private)

C. Environmental Impact

D. Aesthetic purposes

A. In addition, for preservation of trees in the land grading operation, including lowering, raising, and filling land areas, the following standards shall be met unless modified in specific cases or in general by the Environmental Manager/ECC or by a tree specialist acting for the ECC or for the Environmental Manager, with consideration for tree species, soil conditions, drainage, slope and other factors:

1. Roots beneath the crown of a tree shall not be bared.

2. Root areas of a tree shall not be reduced nearer to the base of the tree than the area of the crown of the tree. Exceptions may be granted by the Environmental Manager.

3. The surface around a tree shall not be raised with soil or other material, permanently or temporarily, more than six inches unless the tree is welled-in and provision is made for the well to drain to the outer reaches of the crown of the tree or to the natural ground surface if that is nearer. Design of wells must have approval of a tree specialist acting for the Environmental Manager. The Environmental Manager shall have authority to affix reasonable conditions to the granting of a tree permit.

Appeals

Whenever an application for a permit shall be denied by the Environmental Manager/ECC, the applicant may appeal the denial to the ECC by filing a written notice of appeal with the Environmental Manager within 30 days after receiving written notice of the denial.

Inspections

A. The Permitting Officer/ECC shall reserve the right to inspect any permitted project at any time to ensure compliance.

B. The Environmental Manager and/or the Public Safety Manager may issue a “Stop Work Order” if a project is not being executed in accordance with the approved plan or regulations.

Authorization to Enter Upon Land

Each application for tree removal or land disturbance permit shall be deemed to be an authorization by the applicant for the Environmental Manager, or designee, to enter upon the lot(s) referred to in the application for inspections contemplated by this Article. After an approved project is completed and the issued permit has been signed, dated and returned to the POA, the Environmental Manager or his/her designee has the authority to inspect the completed work site to ensure original and approved plans were adhered to. If it is discovered that the finished product deviated from the original plans, the homeowner will face ECC violations and fines to correct the issue.

Permit Fees and Penalties for Tree Removal

When filing a Tree Removal Permit Application, the applicant shall pay a fee according to the following schedule:

A. Basic fee of $20.00 minimum per application for construction related tree removal.

B. For transplanting a tree in a living condition: no fee.

C. Dead / Dangerous / Diseased tree removal: no fee.

D. NEW HOME with a building permit or site plan approval: $3,000.00 DEPOSIT in addition to the building permit. Deposit is refundable if all conditions are completed according to rules.

E. PENALTIES for clearing without a valid building permit, or site plan approval:

1. For clearing land of trees: $5,000.00 per Lot and any part thereof, plus per Tree Fee. The Tree Fee consists of $100.00 per tree under twelve (12) inches in diameter, and $50.00 per inch over twelve (12) inches will be imposed.

ARTICLE II – ADJUTANT PROVISIONS FOR HIDEOUT TREES AND SHRUBS

Prohibited Acts

No person shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts to a tree, shrub or plant on a public right-of-way or park area:

A. Spray with any chemical on any such tree, shrub or plant;

B. Fasten any rope, wire, nail, bolt, sign or other device to any such tree or shrub.

C. Remove or damage any guard or device placed to protect any such tree or shrub.

Planting on Hideout Common Areas and Set Backs Prohibited

No tree, shrub, or bush shall be planted in any set-back or right-of-way.

If planting efforts will encroach into the established Roamingwood Sewer & Water easement area (5 feet from the side or rear property lines OR 10 feet from the front property line), a Memorandum