Belfair Property Owners’ Association, Inc.
Tree Policy
One of the truly distinct characteristics of Belfair is our signature trees. This being said, the landscape at Belfair is one of our most notable assets, enhancing the character of our community and increasing the value to our memberships. The trees are key elements of this investment and can create added value when properly maintained. Our tree policy is based on the concept of proper care and maintenance of our assets.
LOT TREES
No tree on any lot (improved or unimproved) measuring six (6”) inches or more in diameter at a distanceof four feet (4’) feet above the ground level may be removed without the written approval of the ARB. During the construction process, removal of any such tree as well as any “Significant” tree (see definition below) on a lot is governed by the applicable ARB Guidelines. These Guidelines include a permitting process handled by the ARB administrator for removal of such tree(s) outside the footprint of the structure and driveway as well as a report from the independent POA arborist.
Outside of the construction process, removal of any such tree on a lot, while still being subject to the approval of the ARB, will be handled by the Director of Community Management. Any request for the removal of such a tree (s) must be submitted on an “Application for Tree Removal Form” filed with the Director of Community Management. An independent POA employed arborist will do an assessment of the Tree’s condition and provide a written report. The cost of the arborist report will be paid by the lot owner. If a permit is granted, a permit fee will be charged. The funds from the permit fee will go into a mitigation fund. Mitigation may also be required for any tree removed from a lot. At a minimum, the mitigation will be 50% of the inches removed.
POA TREES
The General Manager will approve the removal of a tree from POA land, inclusive of the golf courses and common areas, subject to the following provisions:
- An Arborist report from the independent POA employed arborist will be required.
- If the tree is a Significant tree as defined below, Board approval must be obtained, unless it is health or structural related. In this case, a report must be sent to the Board in advance of removal.
- Shade trees will be handled by a presentation to the Board by the Director of Golf Maintenance and the General Manager explaining the case for removal.
- Removal of trees for other reasons will be determined on a case by case basis, depending on the species of the tree and location with appropriate Board input and approval as needed.
- All POA removals of “Significant” trees will be mitigated back into the community at a minimum of 50% of the inches removed, as determined by the General Manager.
- Trimming, pruning, crowning and cabling will be completed at the recommendation of our visiting arborist.
SIGNIFICANT TREES
Significant trees are defined as trees over 8” in diameter at breast height as follows:
American Holly
Bald Cypress
Black Oak
Black Tupelo
Cedars
Dogwood (4”)
Hickory
Live Oak
Pecan
Red Bud (4”)
Red Maple
Southern Red Oak
Southern Magnolia (4”)
Sycamore
Walnut
Any species 24" and larger
DECISIONS
Decisions on whether a tree is to be saved will not set a precedent for any future judgments.
SUPPORTING INFORMATION
COUNTY ORDINANCE
Attached – To be read in conjunction with the full Planned Unit Development (PUD) Master Plan.
COVENANTS
ARTICLE III GENERAL LAND USE RESTRICTIONS AND OBLIGATIONS
SECTION 3.5: TREE REMOVAL. No trees measuring six (6") inches or more in diameter at a distance of four (4') feet above ground level may be removed without the written approval of the ARB.
ARTICLE V SPECIAL RESTRICTIONS AFFECTING GOLF FAIRWAY RESIDENTIAL AREAS
SECTION 5.2: GOLF COURSE MAINTENANCE EASEMENT. There is reserved to the Association a “golf course maintenance easement area” on each Lot adjacent to the fairways or greens of any golf course developed on the Property. This reserved easement shall permit the Association, at its election, to go onto any fairway Lot at any reasonable hour and maintain or landscape the golf course maintenance easement area. Such maintenance and landscaping shall include removal of underbrush, trees less than six inches (6") in diameter, at a height of four (4’) feet, stumps, trash or debris, planting of grass, watering, application of fertilizer and mowing the golf course maintenance easement area. This golf course maintenance easement area should be limited to the portion of such Lots within thirty feet (30') of the Lot line bordering the fairway or such lesser area as may be shown as a “golf course maintenance area” on the recorded plat of such Lot; provided however that the above described maintenance and landscaping rights shall apply to the entire Lot until there has been approval by and filed with the Association a landscaping plan for such Lot by the Owner thereof or alternatively a residence constructed on the Lot.
ARTICLE VI SPECIAL RESTRICITONS AFFECTING OPEN SPACE
SECTION 6.2: EROSION PREVENTION ACTIVITIES PERMITTED. The Association shall have the right to protect from erosion the land described as Open Space area by planting trees, plants, and shrubs where and to the extent necessary or by such mechanical means deemed expedient or necessary by the Association. The right is likewise reserved to the Association to take necessary steps to provide and insure adequate drainage ways in Open Space, to cut firebreaks, remove diseased, dead, or dangerous trees and carry out other similar activities.
ARTICLE XIII
GENERAL RIGHTS RESERVED BY THE ASSOCIATION
SECTION 13.1: EASEMENTS RETAINED BY THE ASSOCIATION.
(c) These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grades of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Any material disturbance to the grounds of any Owner caused by such utility installation shall be repaired and said grounds returned to their prior condition by the Association as best as reasonably possible.