Article VII: Tree Preservation, Protection, and Cutting Provisions

A. AECD is charged with the responsibility for administering, and enforcing these tree and shrub provisions. Property Owner is responsible for the location of all property lines prior to the pruning, removal, or destruction of trees or shrubs.
1. No trees measuring six (6) or more inches in diameter (nineteen inches circumference) at a point two (2) feet above ground level, any flowering trees or shrubs, or any evergreens may be removed from a developed lot without the written approval of the AECD, unless located within ten feet of a building, within ten feet of
the approved site for such building, within three (3) feet from edge of approved driveway or one (1) foot from edge of walkways, or septic fields. To prevent the possibility of incurring a fine, call AECD office for clarification.

2. “Flowering trees” referenced above are defined as Mountain Laurel, Dogwoods, Native Rhododendron, or Native Azaleas. “Evergreens” referenced above are defined as those listed in the Approved Plant List published on the BCPOA web site (, POA>Governing Documents>Architectural and Environmental Control Standards).
B. Prior to cutting any tree or shrub except as permitted by the General Declaration of the Covenants and Restrictions, Property Owner/Builder must request and receive permission in writing from AECD.
1. “Tree Thinning” is defined as the removal of certain trees from a stand to regulate the number, quality, and distribution of the remaining trees. Where native trees have been removed by storms, insect damage, or other issues, thinning of pines, sweet gum, and poplar trees may be accomplished, but must receive prior approval. Thinning is allowed, with prior AECD written approval on developed lots as follows in Fig. 1.
2. Vista Pruning, or the removal or pruning of trees and shrubs for view, has specific procedures and policies which are contained in Appendix Q – Vista Pruning.
C. Any violation of VII. A. and B. will result in a penalty.
1. Unauthorized removal or destruction of any trees as described in VII. A. including those planted by the Property Owners will result in a fine of $1,000 per tree or shrub. 

2. Unauthorized pruning, removal, or destruction of any trees or shrubs as described in VII A. on property NOT owned by the violator, including on POA green space or on vacant lots will result in a fine of $3,000 per tree or shrub.

3. Unauthorized pruning of trees or shrubs including those planted by the Property Owners, on property owned by the violator to enhance the view will result in a fine of $500 per tree or shrub.
D. The following minimum maintenance standards shall be met within 120 from notice to the Property Owner by the POA Representative:
1. For all lots, a corridor 75 feet wide on both sides of any road, as measured by line of sight from the edge of pavement, shall be addressed as follows: All visible root balls must be remediated by one or more of the following methods: forced back as much as possible into its original location which is the preferred method; disguised by an AECD approved landscape plan; moved outside the 75 feet corridor; or moved to an off- site
a. All visible fallen trees must have trunks touching the ground, including cutting them into sections if necessary to achieve complete ground contact, and cutting the remaining trunk as close to the ground as possible or moved outside the 75 feet corridor or moved to an off- site location. Branches from fallen trees or downed canopies must be cut and laid on the ground or moved outside the 75 feet corridor.

b. All visible leaning trees must be cut down and remediated to meet the standards of fallen trees.
2. Dead and broken trees (snags) may remain in place as long as they pose no real threat, as determined by the POA, to property, POA right of way, driveways, other healthy trees, people, or pets. 

3. The POA shall be responsible for the clean-up of the golf maintenance easement area 30 feet from the property line. Property Owners shall be responsible for the clean-up, as described above, up to the nearest structure but not to exceed 45 feet from the golf maintenance easement area for a total of 75 feet from the property line.

4. The POA will be responsible for the tree clean-up of all rights of way within the defined corridor.

5. By written resolution, the POA Board of Directors may prescribe additional clean-up requirements following devastating events, including, wildfires, tornadoes, hurricanes, or ice storms.
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