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Code of Gatlinburg

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 4 Tree Protection Ordinance » § 14-402 Definitions.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Gatlinburg
Title 14 : Zoning and Land Use Control
Chapter 4 : Tree Protection Ordinance

14-402 : Definitions.

  1. For the purpose of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory and not directory; the word "may" is permissive. Any word or term not defined within this section of the municipal code or in Article III, Definitions, in the Gatlinburg Zoning Ordinance shall be construed to be used in this chapter as defined by the latest edition of Webster's Unabridged Dictionary. Any word or term not defined in the city's ordinance or the latest edition of Webster's Unabridged Dictionary shall have the meaning customarily assigned to it.
  2. The following words and terms are defined as follows:
    1. "Area of disturbance." Any developed or undeveloped area of land that by any operation or occurrence by which the existing site surfaces and elevations are changed by cutting, filling, borrowing, stockpiling, stripping, trenching, clearing, or where any ground cover, natural or man-made, is removed, or any buildings or other structures are removed, or any watercourses or body of water, either natural or man-made, is relocated thereby creating unprotected areas.
    2. "Caliper." The diameter of the stem of a tree as measured six inches (6") above the ground for trees up to four inches (4") in diameter and twelve inches (12") above the ground for larger diameter trees. Caliper is used as a measurement standard for relatively small trees.
    3. "Certified arborist." A practicing arborist certified by the National Arborist Association.
    4. "Commercial logging and timber harvesting." The cutting and removal of trees from a site for commercial purposes, leaving the stump and root mass intact.
    5. "Construction activity." Any activity which requires a site plan and/or a preliminary plat to be reviewed by the Gatlinburg Municipal Planning Commission. Such activities might include, but not be limited to, the following: the construction of new buildings or expansions to existing buildings and the development of new roadways and other improvements.
    6. "Diameter-at-breast-height (DBH)." The diameter, in inches, of a tree trunk as measured four and one-half feet (4 1/2') above the ground. If the tree splits into multiple trunks below four and one-half feet (4 1/2'), the trunk is measured at its most narrow point beneath the split. Diameter-at-breast-height is used as a measurement standard for relatively large trees.
    7. "Dripline." A vertical line extending from the outermost portion of the tree canopy to the ground.
    8. "Ephemeral stream." A wet weather stream which flows in a diffuse manner and not within a well-defined channel. Such streams are created in response to a heavy rainstorm and continue only for a short period after rainfall ceases.
    9. "Environmentally sensitive areas." Areas where tree removal could create adverse impacts on storm water runoff, erosion control and/or water quality. Such areas include, but are not necessarily limited to, mapped floodplains and wetlands, sinkholes, streamside management zones, areas adjacent to perennial, intermittent, and/or ephemeral streams, and/or steep slopes.
    10. "Hazardous tree." A diseased, dead, structurally unsound, or otherwise unsafe tree that is likely to endanger the public, an adjoining property owner, and/or other trees. Hazardous trees shall not include trees which are otherwise healthy but which are made hazardous as a result of proposed construction or non-construction-related activities. Where a tree is questionable as to whether it is hazardous, a written determination shall be made by the town administrator or his/her designee in consultation with a certified arborist or forestry professional.
    11. "Intermittent stream." A stream which contains water within a well-defined channel that only flows temporarily following a major rainstorm or as long as the water table is elevated.
    12. "Invasive exotic pest tree." Any tree which is included on the "Invasive Exotic Pest Plants in Tennessee" list which is maintained by the Research Committee of the Tennessee Exotic Pest Council.
    13. "Land disturbance permit." A permit issued for a proposed activity which would lead to the removal or disturbance of existing tree cover, including clearing and grubbing operations, but would not involve the alteration of the prevailing topography.
    14. "Licensed landscape architect." A current Tennessee licensed landscape architect, as defined by the Tennessee Board of Architecture and Engineering Examiners.
    15. "Natural regeneration." The natural establishment of trees and other vegetation with at least four hundred (400) woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least twenty feet (20') at maturity.
    16. "Non-construction activity." Any alteration of the natural environment which would involve the removal or destruction of any tree protected in this chapter but which is not in association with a site plan and/or preliminary plat required to be reviewed by the Gatlinburg Municipal Planning Commission.
    17. "Perennial stream." A stream which contains water within a well-defined channel the majority of the year.
    18. "Public tree." A tree growing on land owned by a unit of government (federal, state, county, town, or any agency thereof).
    19. "Replacement tree." Any tree planted on a site to replace a protected tree which has been removed or destroyed as a result of construction and/or non-construction activities.
    20. "Specimen tree." A particularly impressive or unusual example of a species due to its size, shade, shape, age, or any other trait that, in the opinion of the professional responsible for preparing the tree preservation/removal plan, epitomizes the character of the species. This would include, but not necessarily be limited to, the following:
      1. Any non-hazardous tree which has a particularly uncommon or widely valued characteristic and which has a DBH of more than twenty-four inches (24");
      2. Any non-hazardous tree which has been declared as rare or endangered by an agency of the state or federal government and which is protected by the laws of the State of Tennessee or the laws of the United States; and/or

      3. Any tree which is associated with a historic event or historic structure or is otherwise commonly recognized within the community to have historical significance.

        Where a tree is questionable as to whether it is a specimen, a written determination shall be made by the town administrator or his/her designee in consultation with a certified arborist or forestry professional.

    21. "Tree." Any self-supporting woody plant which is capable of growing to a height of twenty feet (20') or more and which usually provides one (1) main trunk and produces a more or less distinct and elevated head with many branches.
    22. "Tree cover." The area directly beneath the crown and within the dripline of a tree.
    23. ''Tree farming." Includes nursery stock trees for resale in commercial nurseries or garden centers and trees specifically grown to be harvested as Christmas trees.
    24. "Tree regeneration." The act of re-creating a stand or entire forest by replacing older trees with new trees. (as added by Ord. #2408, April 2009)
Date Last Updated: 03/23/2022
Codification Date: 03/01/2000

Officials at Date of Last Codification:

Mayor - Mike Werner

Vice Mayor - Mark McCown

Commissioner - Ryan DeSear

Commissioner - Chad Reagan

Commissioner - Kirby Smith

City Manager - Cindy Cameron Ogle

City Attorney - Ronald E. Sharp

Date Last Updated: 03/23/2022
Codification Date: 03/01/2000

Officials at Date of Last Codification:

Mayor - Mike Werner

Vice Mayor - Mark McCown

Commissioner - Ryan DeSear

Commissioner - Chad Reagan

Commissioner - Kirby Smith

City Manager - Cindy Cameron Ogle

City Attorney - Ronald E. Sharp