official City of Conway Tree Protection - South Carolina ETV

Over the
humblest of cottages
and the grandest
old homes,
Conway’s magnificent
live oaks
spread their arms
in benediction.
The city’s history
of protecting its trees
dates to the 1780’s,
and today,
the city enforces a
tree ordinance
designed to protect its
“Oldest Citizens”.
City of Conway
Planning Department
1001 Third Avenue
P.O. Box 1075
Conway, South Carolina
Phone: (843) 248-1760
Fax: (843) 248-1769
PROTECTING
CONWAY’S
OLDEST
CITIZENS
The City of Conway, SC
Tree Protection Ordinance

Protecting Conway’s Trees
The preservation of trees and natural vegetation is deeply rooted in the history
of Conway and is a critical public concern. The live oak trees which line many of
streets in Conway are probably the City’s most prized and protected natural
resource. The city’s history of protecting its trees dates back to the 1780’s. Local
legend has it that when the large oaks along Main Street were threatened by the
construction of the railroad, Mrs. Mary Beaty appeared with a loaded shotgun and
demanded that the construction workers “touch not a single bough”. The actions
of Mrs. Mary Beaty have inspired the citizens of Conway to actively protect live
oak trees and other indigenous tree species.
The intent of the City of Conway Tree Protection Ordinance is to accomplish the following:
A. To provide for the protection, preservation, proper maintenance and use of
trees and woodlands in order to minimize disturbance and to prevent damage
from erosion and destruction of the natural habitat;
B. To protect trees and woodlands for their economic support of local property values
and for their natural beauty, wilderness character, or geological, ecological or
historical significance; and
C. To address the public concern for these natural resources in the interest of
health, safety and general welfare of the residents of this community.
Designation of Protected Trees and Landmark Trees
The Conway Tree Protection Ordinance classifies certain tree species as
Protected Trees and Landmark Trees. The following trees shall be considered
Protected Trees:
A. Trees planted or retained to meet the City of Conway Landscape Regulations.
B. All trees equal to or in excess of eight inches (8”) diameter at breast height
(d.b.h.) located on any non-residential developed lot.
C. American Holly 8” d.b.h.
D. Flowering Dogwood 4” d.b.h.
E. Redbud 4” d.b.h.
F. Live Oaks 8” d.b.h.
The following trees shall be considered Landmark Trees:
A. All live oak tree designated on the map entitled “The Oaks of Conway,
South Carolina” researched and prepared by Joseph N. Pinson, Jr., Eugene
Holbert and Evelyn Snider.
B. Any live oak tree equal to or in excess of thirty inches (30”) d.b.h.
C. Any tree designated by the City Council to be a Landmark Tree.
Preservation of Protected Trees and Landmark Trees
The removal or destruction of any protected tree or landmark tree located within
the city limits of Conway without a tree removal permit shall be prohibited. No
person shall intentionally damage or injure any protected tree or landmark tree.
Criteria for Removal of Protected Trees
Requests to remove protected trees shall be reviewed on a case by case basis by
the City Planner. Prior to the issuance of a tree removal permit for a protected tree,
the City Planner shall determine one or more of the following conditions exists:
A. The tree is hazardous;
B. The tree is dead or dying;
C. The tree is diseased or infectious as certified by a registered forester or certified
arborist;
D. The tree or its root system is causing visible damage to structures, areas used for
pedestrian and vehicular traffic, or underground utility lines;
E. Trees within power line easements that cannot be properly pruned by the local
utility company;
F. Trees, after proper pruning, which cause safety-related problems;
G. The tree is located in the footprint of a proposed addition or expansion, and
there is no practical alternative locations on the lot for the addition or expansion
or practical means to build around the tree.
H. Trees, after proper pruning, which cause safety-related problems;
I. The tree is located in the footprint of a proposed addition or expansion, and
there is not practical alternative location on the lot for the expansion or practical
means to build around the tree.
Criteria for Removal of Landmark Trees
Requests to remove landmark trees shall be reviewed on a case by case basis by
the Community Appearance Board (CAB). The CAB may authorize the City
Planner to issue a tree removal permit for the removal of a landmark tree provided
the Board determines one or more of the following conditions exists:
A. The tree is hazardous and in decline and cannot be properly pruned to alleviate
such condition;
B. The tree is diseased or infectious as certified by a registered forester or certified
arborist and cannot be properly treated or pruned to alleviate such condition.
C. The tree is located on a lot in such a position that the lot cannot be developed
in a reasonable and prudent manner. In this instance, the CAB shall consider if
a request for a variance from a particular zoning requirement would alleviate the
need to remove such landmark tree; and if so determined, initiate such request with
the Board of Zoning Appeals. In this instance, if no alternative to the removal
of the landmark tree can be obtained, the CAB may attached any conditions to the permit
the Board deems necessary to ensure compliance with the intent of this Ordinance.
Tree Mitigation Policy
In instances where the CAB approves the removal of a landmark tree, the Board
may require the installation of new trees to compensate for the loss of the removed
tree. The size, quantity, type and placement of such replacement trees shall be
determined on a case by case basis by the CAB with consideration given to the
prominence of the tree, the historic significance of the tree, the number of trees
necessary to compensate for the aesthetic loss, and any other factors which the
CAB believes is relevant in determining the number of replacement trees.
Tree Protection During Construction
During any type of development or construction, the following measures shall
be utilized to protect any on-site tree that is not designated for removal.
A. Protective barriers, such as silt fences, bollards, roping or other such devices as
approved by the City Planner, shall be placed around each tree at the drip line
of the canopy of each tree to prevent any type of encroachment under the
drip line.
B. Soil disturbance under the canopy of each tree shall be limited to six inches
(6”) removed or six inches (6”) added. Soil compaction must be minimized.
C. Trenching shall be no closer than six (6) times the diameter at breast height
to the effected tree nor disrupt more than thirty percent (30%) of the drip
line root area.
D. No other types of disturbance or construction shall be allowed under the drip
line of any tree without prior approval of the City Planner.
Tree Pruning
Maintenance pruning allows for the healthy uniform growth of a tree. Tree pruning
shall promote the health and natural growth of the tree. Unnatural pruning techniques
shall be prohibited. Examples of unnatural pruning are topping, stubbing, dehorning,
or lopping. Tree pruning shall be accomplished in accordance with the procedures
set forth in the 1995 ANSI A300 standards.
Procedures for Obtaining Tree Removal Permit
All requests for tree removal permits shall be submitted to the City Planner.
A. Where such requests involve the removal of protected trees from developed lots,
the applicant shall submit to the City Planner the appropriate documentation
necessary to support the need for the removal of the protected tree. The
City Planner may make an on-site inspection in order to verify the condition
of the tree. If the City Planner determines that one or more of the criteria for
removal of protected trees has been met, a tree removal permit shall be issued.
B. Where such requests involve the removal of a landmark tree from any lot, the
applicant shall submit to the Community Appearance Board the appropriate
documentation necessary to support the need for the removal of the landmark
tree. The CAB shall review the request and determine if the removal of the
landmark tree is appropriate.
C. Where such requests involve the removal of protected trees from undeveloped
lots, the applicant shall submit a site plan of the proposed development to
the City Planner. The City Planner or CAB shall have the authority to
require the submittal of a tree survey for any undeveloped lot where the
removal of the protected trees or landmark trees is proposed. Approval of the
site plan by the City Planner or CAB and the issuance of a zoning permit for
the project shall constitute permission to remove any trees not specifically
noted to be preserved on the site plan.