(a) Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Chapter 1103
of the Codified Ordinances, the developer and/or owner shall either plant or retain sufficient trees so that between the paved portion of the street and the line running parallel to and fifty feet from the centerline of the street, there is for every thirty feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least twelve inches in diameter.
(b) Every new development and/or new plat shall retain all existing trees with a trunk of eighteen inches in diameter or more unless the retention of such trees would unreasonably burden the development in the opinion of the City Engineer.
(c) No excavation or other subsurface disturbance may be undertaken within the drip line of any tree with a trunk of eighteen inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within twelve and one-half feet (measured from the center of the trunk) of any tree with a trunk of eighteen inches in diameter or more unless compliance with this subsection would unreasonably burden the development in the opinion of the City Engineer. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where percipitation falling from the branches of that tree lands on the ground.
(d) The retention and/or protection of trees eighteen inches in diameter or more as provided in subsection (b) and (c) hereof unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer, in the opinion of the City Engineer.
(e) Whenever the developer or owner appeals to the City Engineer that this section places an unreasonable burden on the development, the City Engineer may allow replacement with like trees in areas unaffected by the improvements, as an alternative to keeping the existing trees in question.
(Ord. 94-16. Passed 2-22-94.)