(A) Required actions. Applicants shall:
(1) Incorporate the preservation of trees into the overall design of the plat;
(2) Prepare a tree preservation plan superimposed on the grading plan, as described below;
(3) Ensure the tree preservation plan is followed during the plan development (mass grading);
(4) Provide a financial guarantee as part of the development agreement to guarantee the preparation and implementation of the preservation plan and the replacement of all significant trees which were to be saved but were actually destroyed or damaged. The financial security in an amount determined by the City Council and adopted by ordinance shall be provided for:
(a) Each mass graded lot with at least one significant tree to be saved;
(b) Each custom graded lot with at least one significant tree on the lot; and
(c) Each outlot with at least one significant tree.
(5) Install snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved;
(6) Install signage at all tree protection areas that instructs workers to stay out;
(7) Install erosion control measures;
(8) Keep tree protection measures in place and in good condition until all grading and construction activity is terminated; and
(9) Prevent change in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints.
(B) Prohibited actions.
(1) No soil disturbance shall occur within the subdivision until the tree preservation plan is approved, financial securities have been submitted and development agreement approved and tree protection measures are in place on site.
(2) Construction staging areas and areas for the storage of equipment and stockpiling of materials shall not be within tree protection areas.
(3) Fill shall not be placed against tree trunks, under the drip line or in critical root zones of trees to be saved.
(4) Pruning of oak trees shall not take place from April 1 through July 15. If wounding of oak trees occurs, a non-toxic tree wound dressing must be applied immediately. Excavators shall have a non-toxic tree wound dressing with them on the development site.
(C) Tree preservation plan. The tree preservation plan shall be submitted by a forester or landscape architect retained by the applicant and shall consist of the following items:
(1) Tree inventory that includes the size, species, tag numbers and locations of all significant trees, specimen trees and significant tree stands on the property being platted;
(2) Mass graded areas and proposed grades. Changes in grades should be well planned with the objective of preserving significant trees;
(3) Custom graded lots;
(4) All significant trees proposed to be saved and significant trees proposed to be removed in soil disturbance areas;
(5) The plan shall designate tree save zones for:
(a) Areas not in soil disturbance areas or within 50 feet of those areas;
(b) All specimen trees to be saved; and
(c) All significant tree stands to be saved.
(6) Measures proposed to protect significant trees including, but not limited to:
(a) Tree removal procedures including directional felling away from existing trees to be saved and trenching to separate root systems prior to bulldozing trees or stumps;
(b) Installation of signage at all tree protection areas that instructs workers to stay out;
(c) Installation of snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved;
(d) Installation of erosion control measures;
(e) Designation of a construction staging area along with a designated area for the storage of equipment and stockpiling of materials that is not within tree save zones;
(f) Construction access locations; and
(g) Overlay of the subdivision utility plan on the tree preservation plan to strategically lay out utility locations and trenches in a manner that protects trees to be saved. Individual utility stubs to home sites shall be reviewed for compliance with tree preservation plans.
(D) Certification of plan implementation. After mass grading has been completed and streets and utilities installed, the subdivider's forester or landscape architect shall:
(1) Certify in writing to the city the status of all trees indicated as trees to be saved in the approved plan;
(2) Certify in writing to the city whether tree protection measures were installed; and
(3) Certify the status of any remove-designated trees that were saved.
(E) Damaged trees. If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the applicant shall be replaced in accordance with the tree replacement requirements of § 151.149 of this chapter.
(F) Release of financial security. The financial security will be released upon:
(1) Certification in writing by the forester or landscape architect indicating that the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary. These must be confirmed by the city; and
(2) The home builders having posted a security for the custom graded lots.
(Prior Code, § 12-9-3) (Ord. 259, passed 5-4-2006)