TREE ABATEMENT PROCEDURES
The provisions of this Ordinance shall apply to Live Oaks, Magnolia, Cypress, Sycamore, and Cedar trees within the City limits of the City of D’Iberville, Mississippi, on all privately owned property.
PERMIT REQUIRED PRIOR TO TREE DESTRUCTION
Except as provided and permitted herein, it shall be unlawful to cut down, remove, deface, burn, poison or take any other action that results ultimately in the destruction of any tree designated in this Ordinance on private property which has a trunk circumference of at least eighteen inches (18″) when measured at a point five feet (5′) above ground level from the base of such tree unless a proper permit is issued under the provisions of this Ordinance.
PERMIT PROCESS; TREE PROTECTION COMMITTEE
Any person, firm, partnership, corporation, or other entity seeking permission to take any action which may result in the removal or destruction of a tree, as defined in this Ordinance, shall first make application TREE PRUNING/ABATEMENT PERMIT to the Tree Protection Committee which shall be composed of three (3) members, one of which shall be a full-time City employee.
Review; Initial Decision
The Tree Protection Committee shall receive and review applications for any work proposed to be done which may result in destruction of any tree or trees covered by this Ordinance and shall render such decision in writing as they deem to be in the best interest of the City of D’Iberville.
Decision on Appeal to Mayor and City Council.
The Mayor and City Council upon written appeal from a decision of the Tree Protection Committee shall make a final decision as to the disposition of the tree or trees in question, and this decision shall be made a part of the City minutes.
Appeal to Circuit Court
Any person being aggrieved by the decision of the Mayor and Members of the Council may appeal said decision to the Circuit Court of Harrison County in the time and manner provided by law.
PERMIT APPLICATION CONTENTS
Any person, firm, partnership, corporation or other legal entity seeking permission to cut down, remove, deface, burn, poison, or take any other action that results ultimately in the destruction of any tree designated in this Ordinance shall first make written application to the Tree Protection Committee in triplicate which shall contain the following information:
- The plat map describing the property on which the tree or trees are located naming streets adjacent to the property and showing the location of the tree or trees on said plat. The map may be prepared by the petitioner (compass direction shall show on the map). The scale of the map shall be as follows:
|1 inch equals 10 feet (1:10)||Up to 200′ wide x 300′ deep|
|1 inch equals 20 feet (1:30)||Up to 400′ wide x 600′ deep|
|1 inch equals 30 feet (1:30)||Up to 600′ wide x 900′ deep|
|1 inch equals 40 feet (1:40)||Up to. 800′ wide x 1200′ deep|
|1 inch equals 50 feet (1:50)||Up to -1000′· wide x 1500′ deep|
|1 inch equals 60 feet (1:60)||Up to 1200′ wide x 1800′ deep|
Property over 1200′ x 1800′ should have a key plan base plot map with attached partial plot maps at the larger appropriate scale.
- Trees to be affected shall be so denoted on the map by a circle and numbered in sequence so that they may be identified by the same code with any written material accompanying the map.
- An explanation or description of the work or alteration to be performed on each tree.
- The name, legal residence, mailing- address, and phone number of the property owner making the request and the same information of the person or firm doing the work.
CONSIDERATION OF A TREE LOSS VERSUS ECONOMIC HARDSHIP
The Tree Protection Committee shall, in reaching its decision for recommendation, weigh the loss created by the removal of the tree against the economic hardship that would be imposed upon the applicant were the permit denied.
TREES ON PUBLIC PROPERTY
All trees of any kind, regardless of size, located on public property belonging unto the City of D’Iberville shall not be removed, cut down nor destroyed except upon action of the City Manager. Provided, however, any tree removed under authority of the City Manager shall nonetheless be reported to the City Council by the City Manager stating his reasons therefor.
EXEMPTION FOR PUBLIC UTILITIES
Any public utility operating within the City of D’Iberville may, upon order of the City Manager, be exempt from the provisions of this Ordinance, upon a finding that the services provided by them are necessary for the general health, safety and welfare of the citizens of the City of D’Iberville, but such cutting, removal, defacing, burning, poisoning or taking of any other action that would ultimately result in the destruction of any tree designated in this Ordinance shall be limited to the amount necessary in order to provide such utility service.
Person removing tree or trees covered by this Ordinance shall plant new tree or trees as per the tree mitigation schedule established in Section 11.9
TREE MITIGATION PROCESS
Location of New Trees
The location of new plantings will be determined by the tree protection committee.
The following chart in Table 11.1 will be used as a guideline for mitigation:
|TABLE 11.1 TREE MITIGATION CHART|
|Old Tree at five (5’) feet||Number of new 10-12 feet tall trees to be planted|
|1 for each 2|
|1 for each 1|
|1.5 for each 1|
|2 for each 1|
|3 plus 3 for each 2” in diameter over 10”|
Normally, the new trees will be furnished to the city and the city will plant the new trees.
Shrubs or other landscaping (of similar dollar value may be subsisted for new trees if so determined by the tree committee to be in the best interest of the city.