Loading...
HomeMy Public PortalAbout130_031_52-A-2013 Art 7 Trees 10.01.14 ORDINANCE NO. 52-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 7 OF THE LAND DEVELOPMENT CODE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, the City of Tybee Island desires to delete the current Article 7 of the Land Development Code so as to clarify same; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the current Article 7 is hereby deleted and Article 7 shall be replaced in its entirety with the following: ARTICLE 7. TREE ORDINANCE Sec. 7-010. Findings of fact. Sec. 7-020. Purpose. Sec. 7-030. Definitions. Sec. 7-040. Establishment of Tree Board. Sec. 7-050. Administrator. Sec. 7-060. Applications and exceptions. Sec. 7-070. Tree protection during plat and plan approval. Sec. 7-080. Tree permit required. Sec. 7-090. Tree removal requirements. Sec. 7-100. Removal of significant trees. Sec. 7-110. Tree protection. Sec. 7-120. Standards for tree planting and replacement. Sec. 7-130. Alternative compliance/ Palms Up Fund. Sec. 7-140. Public tree care. Sec. 7-150. Penalties for unlawful tree removal. Sec. 7-160. Appeals of actions. Sec. 7-170. Tybee Island Tree Species Selection List. Sec. 7-180. Tybee Island Invasive and Non-native List. Sec. 7-190. Severability Sec. 7-010. Findings of fact. (A) Natural vegetative growth and trees add physical, aesthetic, and economic value to the island and should be preserved where possible. (B) Trees help stabilize the soil with their root systems and control soil erosion caused by storm damage as well as moderate surface runoff of rainwater. (C) Trees make life more comfortable on the island by providing shade, cooling both land and air, reducing noise and air pollution, providing scenic amenities, and providing habitat for desirable wildlife. (D) Trees are essential to the present and future health and welfare of residents and visitors to Tybee Island. Sec. 7-020. Purpose. The City of Tybee Island holds that trees are an integral part of the community's infrastructure. As such, they are a reflection of the quality of life in the community, contributing to the health, safety, and well-being of its citizens. The purpose of this article is to establish the standards necessary to assure that this purpose will be realized and that the city will continue to enjoy the benefits provided by trees. The various sections of this article are adopted for the following purposes: (A) To help control the effects of accelerated water run-off and soil erosion due to clearing, and assist in dune stabilization and mitigation of storm drainage; (B) To preserve and protect trees for buffers where land use and zoning requirements dictate such buffers; (C) To maximize the positive benefits of sitting buildings and parking on land in relationship to mature trees; D) To help protect the investments of property owners and buyers, and provide mature native island trees for the enjoyment of future generations; (E) To help protect the health and well-being of Tybee Island residents and guests by providing shade and otherwise moderating potential dangerous summer temperatures; (F) To establish a tree board responsible for promoting trees and tree care throughout the city; (G)To require compensation for the loss of protected trees in all stages of maturity on; and (H) To preserve the community's character and quality of life well into the future. Sec. 7-030. Definitions. American National Standards Institute (ANSI A300) means the arboricultural specifications and standards of practice that are published by the International Society of Arboriculture and represents the industry consensus standards for tree care, planting, maintenance and removal, which are incorporated in the Arboricultural Specification Manual. Applicant means an owner, occupant, or a representative of an owner or occupant of a lot, parcel or tract of land for which an application has been filed for a tree permit. Certified Arborist means a person or firm, who has been trained and licensed in the business of diagnosing, treating, pruning and removing trees, including landscape architects, and persons with a formal knowledge of trees, such as Cooperative Extension Service agents or Georgia Forestry Commission Foresters. Critical Root Zone means the area of soil around and beneath a tree that supports the tree's root system, where any disturbance directly affects the tree's chance of survival. The critical root zone includes all the area within a radius equal to one and one-half feet(1.5')for every one-inch DBH. Development means any planning or construction project involving substantial property improvement and a change of land-use character within the site; the act of using land for building or extractive purposes. Diameter at Breast height (DBH) means the total cross sectional diameter of the trunk or trunks of a tree measured four and one-half feet(4.5') above the natural grade of the ground at the base of a tree. Invasive Species means any non-native or exotic species that tend to grow rapidly and out-compete and displace native species in specific habitats. Large Canopy Tree means a tree that is expected to attain a height of 50 feet or greater at maturity under ideal growing conditions. Medium Canopy Tree means a tree that is expected to attain a height of greater than 25 feet and less than 50 feet at maturity under ideal growing conditions. Minimum Canopy Requirement means the minimum percentage (50%) of tree canopy required to be preserved or planted on any tract of land where the issuance of a land disturbance permit, new construction permit, removal of a tree, or other such activity permit had been granted. Palms Up Fund means an account established to receive funds paid in lieu of required canopy, or for the compensation for damage or removal of city owned trees. Protective Barricade means a physical and visual barrier installed around the critical root zone of a tree to prevent damage to the tree and its root system. At a minimum this would include three to four foot tall orange safety fencing. Significant Tree means any tree determined by the city council, as provided for in this article, to be of notable historic interest, high aesthetic and public value, or of unique character because of species, type, age, or size. Small Canopy Tree means a tree that is expected to attain a height of 25 feet or less at maturity under ideal growing conditions. Tree means any healthy, growing self-supporting woody perennial plant that has a trunk size of two-inch DBH or greater and is of a species which normally attains a height of at least 25 feet at maturity under ideal growing conditions. Tree Removal means any intentional or negligent act which cuts down or otherwise physically destroys a tree or will cause a tree to decline and die, including but not limited to: (a) Causing damage to the root system by application of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk; (b) Causing damage from injury or fire resulting in pest infestation; or (c) Causing damage from extensive pruning or trimming. Tree Board a legally constituted body of five individuals, appointed by the mayor, and adopted by the city council, whose responsibility is to advise the mayor and city council in tree-related matters. Tree Species Selection List means the recommended species of trees for planting within the city maintained and updated periodically by the tree board. All trees on the tree species selection list are significant trees and will be counted toward the minimum canopy requirement of this article. Tree Survey means a survey that shall include a land survey, completed by a registered land surveyor where all trees intended to be preserved to meet the minimum canopy requirements of this article shall be identified by species and size. All drawings shall be stamped and sealed. Sec. 7-040. Establishment of tree board. (A) Creation. There is hereby created and established a tree board for the City of Tybee Island, Georgia, which shall consist of five members made up of three city officials and two residents of the City of Tybee Island, who shall be appointed by the mayor with the approval of the city council. The public works director shall be a non-voting member of the board, serving in an advisory capacity. (B) Term of office. The term of the five persons to be appointed by the mayor shall be for three years, except that the term of one of the members appointed to the first board shall be for one year, and the term for one member shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the remaining unexpired portion of the term. (C) Compensation. Members of the tree board shall serve without compensation. The city, upon receipt of appropriate receipts and documentation, shall reimburse reasonable expenses incurred by members and approved by the tree board. (D) Operation. During the first month after being appointed, and at the first meeting of each year, the tree board shall elect a chairman, vice-chairman and secretary-treasurer from among its appointed members and keep minutes of its meetings. (1) The tree board shall meet at least once during each quarter of the year during January, April, July and October. Additional meetings may be held as requested by the chairman. A majority of the members shall be a quorum for the transaction of business. (2) During November of each year, the tree board shall submit a report on its activities during the past year to the city council. The annual report shall include the Palms Up Fund amounts collected, amounts spent, and the type and location of trees planted. (E) Purpose and responsibilities of the tree board. It shall be the responsibility of the tree board, but not limited to, the following: (1) The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question within the scope of its work; (2) Advise the city on all tree related issues; (3) Seek and apply for grant funding from public and private sources for conducting urban forestry projects; (4) Review the most recent Arboricultural Specifications and Standards of Practice of the International Society of Arboriculture as published in the American National Standard for Tree Care Operations (ANSI A300 — Part 1) and herein referenced in this article as the Arboricultural Specifications Manual every two years to keep current on industry changes and provide recommendations for changes to the mayor and city council; (5) Review the actual costs for two-inch DBH replacement trees semi-annually. The cost includes the average size and cost of trees and materials plus labor for each replacement tree planted in the City of Tybee Island. Propose to city council updates of the replacement tree value of section 7- 130(B) as needed. (6) Provide tree care educational programs and information on the benefits of trees and best management practices to city staff and citizens. (7) Promote and support the city's efforts to maintain its Tree City USA designated community. (F) Interference with tree board. It shall be unlawful for any person to prevent, delay or interfere with the tree board, or any of its agents, while engaging about the planting, cultivating, mulching, pruning, spraying, or removing of any trees on private and public property, as authorized in the City of Tybee Island Tree Ordinance. (G) Review by the city council. The city council shall have the right to review the conduct, acts and decisions of the tree board, Final decision-making and spending authority shall rest with the city council. Any person may appeal any ruling or order of the tree board to the city council, who may hear the matter and make a final decision. Sec. 7-050. Administrator. The planning and zoning manager is hereby appointed to administer and implement the provisions of this article. Sec. 7-060. Applications and exceptions. The requirements of this article shall apply to all parcels within the city. No trees shall be removed within the City of Tybee Island except in compliance with this article, with the following exceptions: (A) No permit or mitigation shall be required for the trimming or pruning of trees, provided that such maintenance activity shall not be so extensive as to constitute tree removal as defined in section 7-030; (B) The eradication of exotic, non-native, and invasive or otherwise undesirable species listed in section 7-180 that are not located in the marsh buffer established in section 3.090.1 is exempted from section 7-090. Sec. 7-070. Tree protection during plat and plan approval. During the subdivision plat approval process and also during the site plan approval process, the existing location of all significant trees shall be considered so as to preserve such trees unless no feasible alternative exists in order to make reasonable, beneficial economic use of the property. To be considered are the locations and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks, driveways, final site contours, building footprints, and other impacts on existing significant trees. When no feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on the plans, as well as the location, size and types of the trees planned to meet the requirements as outlined in section 7-100. Sec. 7-080. Tree permit required. A basic condition of the City of Tybee Tree Ordinance is that all applicable sites achieve or maintain a minimum tree canopy of 50 percent. Applicable to this section are land activities that require the issuance of a land disturbance permit, new construction permit, removal of a tree, and other such activities. Any person engaged in any activity that requires a land disturbing permit, new construction permit, wishes to remove a tree, or other such activity shall apply for a tree permit from the city. A tree survey and tree management plan must be submitted before a tree permit can be issued. The tree survey shall have been completed no more than one year prior to the date of submission. The tree management plan, after approval, shall be included with the other construction drawings submitted for the Building Permit. The tree management plan shall include a site plan of the intended development and the following information: (A) The location, DBH, and species of existing trees on the site; (B) The location and an itemized list of trees per size and species to be preserved or replanted indicating the total aggregate value in canopy square footage; (C) A mitigation plan that shows the proposed location, size, and species of required replacement trees; (D) Phantom lines that depict streets, rights-of-way, easements, overhead lines, fences, and other improvements in order to clearly indicate how the proposed development relates to the existing trees; and (E) A detailed plan showing the measures that will be taken to protect and preserve trees before, during and for a period of two years after construction. Sec. 7-090. Tree removal requirements. (A) Under the limits and conditions set forth below, trees may be removed from a lot or parcel provided that a minimum tree canopy of 50 percent is achieved or maintained. The minimum tree canopy is determined by dividing the parcel's square footage found on the land survey by two. (B) The canopy requirement must be met whether or not a site had trees prior to development or disturbance. The canopy may be achieved by preserving existing trees, by planting new trees according to the minimum standards in this article or by a combination of the two. (C) Any existing tree of not less than two-inches DBH left in good growing condition on the property is eligible to be counted toward the required minimum tree canopy and shall be protected. All large canopy trees listed in Table No. 2 of section 7-170 preserved on the property shall equal 1,200 square feet toward the minimum tree canopy requirement. All medium canopy trees listed in Table No. 3 of section 7-170 preserved on the property shall equal 550 square feet toward the minimum tree canopy requirement. All small canopy trees listed in Table No. 4 of section 7-170 preserved on the property shall equal 250 square feet toward the minimum tree canopy requirement. (D) Except as provided in section 7-100 no significant tree shall be removed from any lot/parcel, or public right-of-way within the city. (E) If the siting of a building footprint, the associated driveway, and parking areas require the removal of trees to a tree canopy less than the stated requirement in subsection 7-090(A), the planning and zoning manager or designated city representative may issue a permit to remove trees to a tree canopy below this standard under the following conditions: (1) The applicant must show that, within the available planting areas, no locations for building footprints and driveway/parking exist that comply with the minimum tree canopy requirement above; (2) Removal of trees shall be limited to either the fewest number or the least total DBH necessary for siting of the building and the least destructive configuration of driveway/parking; (3) Following construction, trees shall be planted on the lot/parcel to establish the minimum tree canopy requirement as stated in subsection 7-090(A). Such planting shall be in accordance with the standards set forth in sections 7-110 and 7-120. Only trees listed in section 7-170 shall count towards meeting the minimum tree canopy requirement in this article; and (4) The stumps of all removed trees shall be ground to a depth of at least eight-inches below the ground level so that the top of the stump shall not project above the surface of the ground. The soil cavity shall be filled with clean topsoil, and the area leveled and seeded. If the area where the tree is removed is to be paved, the stump shall be removed to a suitable depth to allow adequate paving. No tree shall be planted in the location of a tree stump unless no other space is available. (F) No trees shall be removed from the marsh buffer established in section 3.090.1. Sec. 7-100. Removal of significant trees. (A) Significant trees, listed in section 7-170, may be removed only under the following situations or conditions: (1) Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove; (2) For improvements, expansion and/or new construction of infrastructure services, including water/sewer systems and streets, but only if no alternatives are available; and (3) Prior to the issuance of a permit allowing the removal of a significant tree, the planning and zoning manager or designated city representative shall confirm in writing that each removed significant tree shall be replaced with one or more trees so that the tree canopy meets the stated requirements in section 7-090 and shall follow the requirements of sections 7-080 and 7-120. Sec. 7-110. Tree protection. (A) On each lot or tract where construction is ongoing pursuant to a validly issued permit, protective barricades shall be placed around all existing trees' critical root zone to be preserved to meet standards set by the International Society of Arboriculture, Georgia Forestry Commission, and the city's requirements for protection of city owned trees or other trees required by this article. The areas within the protective barricades shall remain free of all building materials, construction debris, vehicles, and development activities. Any trees designated for retention on the tree management plan that dies or are severely damaged within the first two years after construction shall be replaced in accordance with this article. Penalties for violation of this section shall be the same as found in section 7-150. (B) All pruning shall be conducted in accordance with the Arboricultural Specifications Manual. The removal of large branches to a stub, or smaller leaders not large enough to assume a terminal role shall be considered tree removal under this article. A tree severely damaged by storms or other causes or trees under utility wires where other pruning practices are impractical shall be exempt from this section. (C) When pruning is required to maintain the necessary clearance between any existing tree and an electric power line, pruning shall be conducted in accordance with the Arboricultural Specifications Manual. Branches or leaders required to be cut back shall either be pruned to the next lateral having a diameter at least 1/3 of that being cut, or else be pruned just outside the branch-collar at the base of the branch. Sec. 7-120. Standards for tree planting and replacement. (A) Pursuant to building permit. Trees planted or replaced, or left remaining on the site pursuant to a validly issued building permit in accordance with this article shall meet the following conditions: (1) All tree plantings shall be conducted in accordance with the Arboricultural Specifications Manual; (2) All planted trees shall have a minimum tree establishment zone based upon its mature size. Trees replanted to achieve canopy requirements are to be selected species from the Tybee Island Tree Species Selection List listed in section 7-170; (3) All replacement trees will be maintained properly to ensure their survivability; (4) The minimum DBH for planted trees is two inches. Multi-stemmed trees must have three to five stems and be six to eight feet tall. The DBH for multi-stemmed trees will be the cumulative DBH for all stems. (5) Invasive and non-native trees listed in section 7-180 are prohibited from being planted within the city limits. (6) To minimize traffic hazards at street intersections and avoid conflicts with city infrastructure all tree plantings shall follow listed guidelines in Table No. 1. Table No. 1: Large Canopy Medium Canopy Small Canopy Mature Size Tree Tree Tree Evergreen Minimum width between planted 8' 6' 4' 8' trees Under overhead DO NOT PLANT DO NOT PLANT Allowed DO NOT PLANT utilities Distance from See sec. 3-050 See sec. 3-050 See sec. 3-050 See sec. 3-050 intersections Distance from traffic signs & 30' 30' 30' 30' signals &street lights Distance from hydrants &water 10' 10' 10' 10' valves Distance from 4' (within property 4' (within property 4' (within property 4' (within property curbs or curb lines line) line) line) line) &sidewalks (B) Pursuant to citation of violation. Replacement trees planted pursuant to a citation of violation shall be of the same tree species as the tree being removed unless a change in species is approved by the planning and zoning manager and shall be the maximum DBH that is commercially available. The aggregate DBH of trees planted as replacement shall equal the DBH of the tree that was removed in violation of this article. (C) Survival of replacement trees. All replacement trees must survive at least two full calendar years for the applicant to be considered to be in full compliance with this article. If the replacement tree becomes unhealthy or dies, it must be removed from the site and replaced as soon as conditions permit. This duration is not to exceed 6 months. The replacement tree shall be maintained for a minimum of two consecutive years after planting. Penalties for violation of this section shall be the same as found in section 7-150. Sec. 7-130. Alternative compliance/ Palms Up Fund. If it is not possible to plant trees to the specifications required in this article, as determined by the zoning and planning manager or designated city representative, a fee shall be paid to the Palms Up Fund. (A) The zoning and planning manager or designated city representative must review and approve all requests for alternative compliance. The applicant must plant as many trees that can reasonably be expected to survive on the site in question. (B) The fee for each replacement tree is $500 as determined by section 7-040(E)(6). No development approval, land disturbance permit, or building permit shall be issued until the zoning and planning manager or designated city representative has approved the request and received the necessary documentation and/or funds for the compliance method. (C) The Palms Up Fund will be administered by a designated city representative. The Palms Up Fund will be used only for the purposes of planting and maintaining trees on public property within the city limits of Tybee Island and to provide tree care educational programs and information on the benefits of trees. (D) To determine the appropriate contribution to the Palms Up Fund: (1) First, determine the parcel's Implantable Square Footage (ISF) by subtracting the parcel's square footage of available tree canopy from the parcel's required tree canopy; (2) Second, determine the required number of two-inch DBH replacement trees by dividing the ISF by 1,200 square feet and rounding up to the nearest whole number. (3) Third, determine the required contribution to the Palms Up Fund by multiplying the required number of two-inch DBH replacement trees by$500. Sec. 7-140. Public tree care. (A) The city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and vines within the streets, alleys, avenues, lanes, squares and public grounds, as may be necessary, to ensure public safety and preserve or enhance the symmetry and beauty of such public grounds. (B) The city shall have the right to cause or order to be removed, any tree, or part thereof, which is in an unsafe condition, or which, by reason of its nature, is injurious to sewers, electrical power lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest, whether on public or private property. (C) No person shall plant, spray, fertilize, prune, remove, cut above or below ground, or otherwise disturb any tree on municipal property without first filing an application and procuring a permit from the city designee. Sec. 7-150. Penalties for unlawful tree removal. Violation of this article shall be subject to the following fines and restrictions: (A) Any person who violates any provision of this article or fails to comply with any notice issued pursuant to the provisions of this article shall be subject to a $1,000 fine for each unlawfully removed tree. (B) In addition to the penalties imposed in subsection (A) herein above, the party or parties found to be in violation of this article shall be required to plant trees, pursuant to the requirements of sections 7-090 and 7-120. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violations of this article. (C) Where violation of this article is associated with construction, pursuant to a city permit, a stop work order may be issued and a certificate of occupancy may not be issued until such violation has been remedied and trees are planted or replaced, pursuant to the requirements of section 7- 120, as necessary to meet the requirements of this article. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violation of this article. Sec. 7-160. Appeals of actions. Appeals of decisions of the city manager, planning and zoning manager, city marshal, or designated city representative, pursuant to this article shall be made to the mayor and council pursuant to city council meeting procedures. Sec. 7-170. Tybee Island Tree Species Selection List. The following trees listed in Table No. 2 are large canopy trees and are significant. Each planted tree in Table No. 2 shall count for 1,200 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No. 2— Large Canopy Trees: Common Name Scientific Name Blackgum Nyssa sylvatica Bald Cypress Taxodium distichum Pond Cypress Taxodium ascendens Pignut Hickory Carya glabra Southern Magnolia Magnolia grandiflora Red Maple Acer rubrum Laurel Oak Quercus hemisphaerica Live Oak Quercus virginiana Nuttall Oak Quercus nuttallii Shumard Oak Quercus shumardii Southern Red Oak Quercus falcata Scarlet Oak Quercus coccinea Swamp Chestnut Oak Quercus michauxii White Oak Quercus alba Willow Oak Quercus phellos Loblolly Pine Pinus taeda Longleaf Pine Pinus palustris Slash Pine Pinus elliotii Eastern Redcedar Juniperus virginiana Sweetgum Liquidambar styraciflua Sycamore Platanus occidentalis Water Oak Quercus nigra Carolina Willow Salix caroliniana The following trees listed in Table No. 3 are medium canopy trees and are significant. Each planted tree in Table No. 3 shall count for 550 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No. 3—Medium Canopy Trees: Common Name Scientific Name River Birch Betula nigra Lacebark Elm Ulmus parvifolia Golden Raintree Koelreuteria paniculata East Palatka Holly Ilex x attenuata American Holly Ilex x opaca Nellie R. Stevens Holly Ilex x `Nelie R.Stevens' Savannah Holly Ilex x attenuate `Savannah' Sweetbay Magnolia Magnolia virginiana Trident Maple Acer buergerianum Overcup Oak Quercus lyrata Chinese Pistache Pistacia chinensis Eastern Redbud Cercis canadensis Carolina Silverbell Halesia carolina Yellowwood Cladrastis kentukea Windmill Palm Trachycarpus fortunei Cabbage Palmetto Sabal palmetto Sugarberry Celtis laevigata Red Bay Persea borbonia Toothache Tree Zanthoxylum clava herculis Devilwood Osmanthus americanus Carolina Laurel Cherry Prunus caroliniana Tough Bumelia (buckthorn) Bumelia tenex Sparkleberry Vaccinium arboreum The following trees listed in Table No. 4 are small canopy trees and are significant. Each planted tree in Table No. 4 shall count for 250 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No. 4—Small Canopy Trees: Common Name Scientific Name Chastetree Vitex agnus-castus Crape Myrtle Lagerstroemia indica Flowering Dogwood Corpus florida Kousa Dogwood Corpus kousa Fringetree Chionanthus virginicus Yaupon Holly Ilex vomitoria `Little Gem' Magnolia Magnolia grandiflora `Little Gem' Chinese Redbud Cercis chinensis `Oklahoma' Redbud Cercis reniformis Snowbell Styrax americanus Waxmyrtle Myrica cerifera Sec. 7-180. Tybee Island Invasive and Non-native List. The following trees are prohibited from being planted within the city limits. The City of Tybee may add trees to the following list as necessary. Table No. 5—Invasive and Non-native Trees: Common Name Scientific Name Box Elder Acer negundo Bradford Pear Pyrus calleryana `Bradford' Camphor Cinnamomum camphora Catalpa Catalpa bignonoides Chinaberry Melia azadarach Chinese Tallowtree Sapiun sebiferum Female Ginkgo Ginkgo biloba Green Ash Fraxinus pennsylvanica Hackberry Celtis occidentalis Mimosa Albizia julibrissin Mulberry Morus species Princess Tree Paulowina tomentosa Russian Olive Elaegnus angustifolia Silver Maple Acer saccharinum Tree-of-heaven Ailanthus altissima Sec. 7-190. Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section,subsection, paragraph,subdivision,or clause of this d SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/52-2013—Art 7 Trees 09.02.14 Tybee/Ordinances/2014/52-A-2014—Art 7 Trees w/chgs by council&Garbett 10.01.14