ARTICLE 11:  TREE PRESERVATION AND PROTECTION
Section
11.1   Purpose
11.2   Applicability
11.3   Tree preservation incentives
11.4   Tree preservation and protection plan required
11.5   Preservation of trees through development required
11.6   Tree protection measures during construction
§ 11.1  PURPOSE.
   The purpose of this article is to provide incentives for developers to preserve and protect existing mature trees in conjunction with new development. Specifically, these standards are meant to:
   11.1.1   Improve the aesthetic quality of new development through the preservation of existing trees;
   11.1.2   Maintain and enhance property values;
   11.1.3   Discourage the wholesale clearing of land for development;
   11.1.4   Encourage site design techniques that preserve the natural environment and enhance the quality of the built environment; and
   11.1.5   Maintain the stability of slopes and control erosion and sediment runoff into streams and waterways.
§ 11.2  APPLICABILITY.
   The standards set forth in this article may be utilized by developers who desire to receive credit towards the tree planting requirements established in Article 9, Landscaping Standards, and/or Article 10, Buffering Standards, or the minimum parking requirements in Article 13.
§ 11.3  TREE PRESERVATION INCENTIVES.
   The following incentives shall be provided when a development proposal complies fully with the standards and requirements set forth in this article.
   11.3.1   Tree preservation credits. In order to encourage the preservation of existing trees on a site, a tree preservation credit for the retention and protection of existing, undisturbed, structurally sound and healthy trees shall be granted in accordance with the following standards.
   (A)   Credit amount. For each tree preserved and protected in accordance with the standards of this article, a credit in the amount of one and one-half times the number of preserved trees shall be credited and applied towards the tree planting requirements for landscaping and buffering. To receive credit, the preserved trees must meet the following requirements.
      (1)   Canopy trees, whether deciduous or evergreen, shall have a minimum diameter of eight inches, as measured four and one-half feet above ground level, to receive credit.
      (2)   Understory or ornamental trees, whether deciduous or evergreen, shall have a minimum diameter of four inches, as measured four and one-half feet above ground level, to receive credit.
      (3)   For credit towards the tree planting requirements in Article 9, Landscaping Standards, the preserved tree(s) must be located inside, or within 30 feet of, the planting area for which the credit will be applied.
      (4)   For credit towards the tree planting requirements in Article 10, Buffering Standards, the preserved tree(s) must be located within the width of the required perimeter buffer strip.
   (B)   Credit towards required plantings. Approved tree preservation credits may be applied to the tree planting requirements for streetyard landscaping, motor vehicle use area landscaping, street trees, or perimeter buffers as appropriate. In no case shall tree preservation credits be used to offset more than 50% of the required number of trees in the area to which they are applied.
   11.3.2   Reduction in minimum parking requirements. When trees preserved and credited in accordance with division 11.3.1 are located inside, or within 15 feet of, the perimeter of a motor vehicle use area containing required parking spaces, the minimum parking requirement, as set forth in Article 13, may be reduced by 2.5% for each preserved tree that meets these standards. In no case shall the minimum parking requirement be reduced by more than 15%, regardless of the number of trees preserved.
§ 11.4  TREE PRESERVATION AND PROTECTION PLAN REQUIRED.
   In order to qualify for tree preservation incentives, the developer must submit, and receive approval of, a tree preservation and protection plan in accordance with the standards in division 3.2.12. The plan shall indicate the size, type, and location of the tree(s) to be preserved, tree protection zones, and the location and type of all active and passive tree protection measures.
§ 11.5  PRESERVATION OF TREES THROUGH DEVELOPMENT REQUIRED.
   All trees indicated for preservation on the approved tree preservation and protection plan must be preserved before, during, and following site development activities. Tree protection measures, in accordance with the standards in § 11.6, must be in place prior to development, and remain in place until a certificate of occupancy is granted. If, through reckless or careless action by the developer or his or her agents, or through disregard for the requirements of this article, the developer removes or destroys a tree or trees indicated for preservation, the incentive associated with that tree or trees shall be revoked.
§ 11.6  TREE PROTECTION MEASURES DURING CONSTRUCTION.
   During the course of construction activities the following regulations shall govern activities on sites which have an approved tree preservation and protection plan.
   11.6.1   Tree protection zones shall be established surrounding all trees indicated for preservation on the tree preservation and protection plan. These zones shall extend outward to a distance of six feet from edge of the bottom of the tree canopy.
   11.6.2   No person, in the construction of any structure(s) or improvement(s) or any other activity, shall encroach or place solvents, material, construction machinery, or temporary soil deposits within a tree protection zone.
   11.6.3   Before development, land clearing, filling, or any land alteration, the developer shall be required to erect suitable protective barriers as required by the Ordinance Administrator, including tree fences, tree protection signs, and erosion barriers until completion of site landscaping. Authorization to remove the protective devices shall be in writing by the Ordinance Administrator. Inspection of tree protection barriers is required prior to the commencement of land disturbance or development. The Ordinance Administrator shall be contacted to schedule an inspection time.
   11.6.4   Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing, or other equivalent restraining material. In addition to fencing, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with blue water-based paint.
   11.6.5   Materials for passive tree protection shall consist of heavy mil plastic flagging, a minimum of four inches wide with dark letters reading “Tree Protection Area - Do Not Enter”, or equivalent signage of a continuous, durable restraint.
   11.6.6   All tree protection devices must remain in functioning condition until the certificate of occupancy is issued, and must be removed promptly thereafter.