Saluda considers tree trimming ordinance

Published 8:25 pm Thursday, September 29, 2011

Saluda City commissioners have decided to take up discussion on a tree trimming ordinance for the city after two residents expressed frustration over the amount of trimming done near their properties earlier this month.
Walter Hoover on Sept. 12 asked the commission why a mixed rhododendron privacy screen, that took years to create, was clear cutted at the edge of his property. Hoover said this was not the first time he had asked a city official about the issue.
“I am still waiting for full disclosure as to why this excessive bush hogging occurred,” Hoover said in the meeting. “I am frustrated because I don’t think the rights of citizens are being considered.”
A second resident, Dan Sherrer came before the commission as well.
Sherrer and his wife, Katherine, live on Ridge Drive.
Sherrer said he was frustrated over the extent to which a bank was clear-cut near his property. He said the cutting left an unsightly 8-foot patch.
“What disturbs me is that the city did not extend the courtesy of giving me and other neighbors advance notice of their plans,” Sherrer said.
Leon Morgan, street commissioner, said there was an announcement made during an earlier city council meeting regarding plans to cut back trees along all city streets, something the town has done for years. He said, however, that he understands that for some people the necessary cuts may cross over their property lines based on how close their homes set to the road.
“All I can do is offer you an apology, and I apologize for what happened at your place,” Morgan said. “But the fire department wants to have the streets clear so they can pass through – it’s really a safety issue.”
A letter from the fire department to the city requested a 20-foot wide and 14-foot high clearance on city streets.
Commissioner Johnny Kinard reminded those in attendance that insurance ratings are not calculated every year, but on a random basis every three or four years.
“If they come in here and determine that we are not in compliance with the code of North Carolina, it’s going to cost us more money,” Kinard said. “I think Erny’s [Williams] right, we need to look at this and do something about this.”
Commissioner John Morgan said he still believes the requirements could be softened.
He said 20 feet off the road would be too harsh in some areas where homeowners have property that sits right on the road.
Town attorney Bailey Nager said property lines do not restrict the right-of-way for city streets.
“State law is extremely clear when it comes to city streets,” Nager said, “It gives the city very broad discretion with what it feels it needs to do in regard to public safety.”
Commissioner John Morgan said he thinks enforcement should allow for bringing in the property owners from the get-go to ask them to take care of the issue themselves before taking a more drastic measure.
“I see the intent here, I understand what we are trying to do, but I think we need to soften it a bit and bring the homeowners in on this to have their input,” John Morgan said.
City Administrator Erny Williams asked that the commission take up a tree-trimming ordinance.
“In lieu of everything I would like for this – if it takes a couple of months, whatever it takes – to help us come up with a trimming process that is good for everybody,” Williams said.
Hoover said he also doubted that an additional ordinance would be of benefit if it were randomly and inappropriately enforced.
Commissioner George Sweet said he believed the town needed to take opinions of both emergency officials and residents into account.
“I think we need to try to be consistent throughout the city and I think we need to try to have a solid basis for adopting some distance outside the paved road or the gravel roadway and we ought to notify the citizens that that’s where we are and give them the opportunity to cut it back themselves,” Sweet said.
Williams asked to receive input back from commissioners by the first of November.

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