Legal Documents of Gatlinburg

Code of Gatlinburg

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 4 Tree Protection Ordinance » § 14-406 Approval/denial of application.
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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

14-406 : Approval/denial of application.

  1. Approval. A tree preservation/removal plan may be approved if it can be determined that:
    1. The plan is consistent with stormwater, erosion, and sedimentation control measures which are in accordance with the City of Gatlinburg's Stormwater Ordinance;
    2. Where commercial logging and timber harvesting are involved, the plan is, at a minimum, in accordance with Tennessee Department of Agriculture, Division of Forestry Best Management Practices (BMPs);
    3. The plan addresses the preservation of existing trees;
    4. The plan, provides for sufficient and timely replanting of trees, where required, to compensate for the removal of trees and other vegetation; and
    5. The applicant intends to complete the proposed activity within a reasonable time frame, determined by the size of the development, and will take steps to prevent any negative impacts resulting from the work proposed.
  2. Denial. A tree preservation/removal plan may be denied where:
    1. In association with a site plan, less than fifteen percent (15%) of the existing tree cover, not counting any buffer strips required per the Gatlinburg Zoning Ordinance, would remain;
    2. In association with a preliminary plat, tree removal is proposed beyond the area reasonably necessary for cut and fill associated with provisions for on-site public improvements and/or the installation of utilities;
    3. For non-construction related activities, the removal of over twenty-five percent (25%) of a site's protected trees, not counting any required buffer strips, is proposed;
    4. A specimen tree which could reasonably be saved is proposed for removal;
    5. Obvious problems related to storm water runoff, erosion, and siltation would result;
    6. Tree removal is proposed in environmentally sensitive areas;
    7. Where commercial logging and timber harvesting are involved, proposed tree removal is not in accordance with established Tennessee Department of Agriculture, Division of Forestry Best Management Practices (BMPs);
    8. The extent of clearing would result in obvious damage to the property of others;
    9. The proposed activity could be reasonably conducted in a manner which would better preserve existing trees and/or further promote the intent of this ordinance; and/or
    10. Tree removal activities are otherwise inconsistent with the purpose and intent of this ordinance.
  3. Upon initial presentation, the GMPC, building official and/or his/her designee shall have forty-five (45) days to grant, deny, approve, or approve with, conditions, restrictions, limitations, or alterations such tree preservation/removal plans in conjunction with the preliminary plat, site plan, or landscape plan. In the event that an application is denied, the specific reasons for denial shall be set forth in writing and a copy of same shall be forwarded to the applicant. (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