AGENDA #4s

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:   Scheduling a Public Hearing to Consider an Amendment to the Land Use Management Ordinance to Consider Protection of Trees on Private Property and Banning Clear Cutting

DATE:            June 26, 2006

PURPOSE

Adoption of the attached resolution would schedule a Public Hearing for November 13, 2006, to consider an amendment to the Land Use Management Ordinance regarding protection of trees on private residential property and banning clear cutting.

BACKGROUND

During the Council’s January 12, 2006 Planning Retreat, the Council agreed to give priority status to a proposal that would consider amending the Land Use Management Ordinance with respect to the protection of trees on private residential property.  The Council expressed concern with current regulations and the desire to consider greater protection of trees, including prohibiting clear cutting on residential property.

On February 27, the Council adopted a schedule that recommended that the staff return in Spring, 2006 with a proposed date for a Public Hearing on this subject.  The Council also agreed that staff recommendations on the subject should be presented to the Council during the Fourth Quarter, 2006.

CURRENT REGULATION

The Land Use Management Ordinance tree protection regulations (Section 5.7.2 b) currently do not apply to:

• Land disturbing activity normally associated with the occupancy of an existing single-family or two-family dwelling; and
• Any new construction or expansion of a single-family or two-family dwelling requiring a building permit and involving land disturbance less than 5,000 square feet, unless the land disturbance is cumulatively over 5,000 square feet.

DISCUSSION

The proposed text amendment would expand the provisions of the tree ordinance.  Following a review and recommendation from the Planning Board, we anticipate returning to the Council on November 13 with a staff report and Planning Board recommendation on tree protection regulations.  We anticipate that the report will include a discussion of the existing regulations and options to amend the Ordinance.  We also anticipate that the report will discuss anticipated impacts on private residential home owners and the impact on staff resources related to evaluation and enforcement associated with each option.

RECOMMENDATION

We recommend that the Council adopt the attached resolution, which would call a Public Hearing for November 13, 2006, to consider amendments to the Land Use Management Ordinance.