Covenants Corner

TREE REMOVAL OVER 4" IN CALIPER MUST BE APPROVED

by Brandi Spring Langeneck, Covenants Director 

During the past several months there have been a number of homeowners who have removed trees prior to the Covenants Committee granting approval. Please be aware that this is a violation of our Covenants.

Should a tree impose immediate danger to your property or to a neighboring property, a PIR can be immediately submitted for approval by the Covenants Director. This means that if the tree is falling or a tree is dead and is imposing immediate danger then you will need to submit a PIR along with a photo of the tree for a possible approval.

It is also helpful not to assume that a tree on your property is diseased.  Call an Arborist and submit an Arborist Report with your PIR and Photo.

Keep in mind that the Covenants Committee and the Covenants Director require the trees that you plan to remove be marked with a ribbon and the location of trees to be indicated on a property plan. The Covenants Committee and the Covenants Director may also require if a tree is removed that it be replaced with another.

Good trees are hard to come by these days.  There are trees that have lived upon this land for many years, this is their home, this is where they breathe and allow us to do the same. Some of these trees just need care and maintenance.  Regular pruning of these trees does not require approval; however, if a tree is in need of being topped off you will need to submit for approval. 

Please refer to your Community Guidelines Section 5.4.42 (Provided for you).

5.4.42    Tree Removal

Pre-Approved:  Removal of trees with a diameter (caliper) less than four inches, measured six inches above the ground except for any live vegetation within 100 feet of Lake Montclair (reference Section 5.4.8,a regarding RPA requirements).

Quick Track:  In emergencies, the Covenants Director can grant approval for tree removal, provided that he/she inspects the tree to be removed and deems it an imminent threat to life or property.

Requirements and Restrictions:

  1. The Covenants Committee must grant approval PRIOR to any tree greater than 4" caliper being removed.
  2. No live vegetation marked "no-cut" areas on the original plans may be cut without PRIOR approval from the Covenants Committee.
  3. The Covenants Committee shall allow the removal of a tree that is obviously dead or diseased beyond recovery.
  4. A comprehensive report on the tree's condition, health, safety, and/or value by an arborist, urban forester, or other competent tree professional prior to approving or denying a removal request may be required.
  5. Pruning may recommend in lieu of removal.
  6. Removal of tree stumps in the front yard is required.  Stumps in other locations may require removal.
  7. Replacement of trees removed may be required.
  8. The BOD may require removal of a tree.
  9. For Southlake Landing and Southlake Cove, lot owners are responsible for the removal and replacement of dead trees on their property.  Replacement will be with another tree of comparable type, size, and shape upon maturity.

Information to be included with PIR:

  • Property plat indicating the location of the tree(s) to be removed;
  • The species of the tree(s) to be removed;
  • Any reports regarding the condition of the tree(s);
  • The reason for removal;
  • Estimated completion date; and
  • A copy of the appropriate county permit must be submitted to the MPOA for any tree removal within the RPA buffer zone.