(A) All trees defined under this section that do not lay within the buildable area of a dwelling unit or a permitted accessory structure shall be preserved on individual lots or properties located in the Steep Slope Overlay District. For the purpose of this section, "trees and other specified vegetation" shall mean all native trees of 6 or more inches in diameter at breast height (dbh) . For developments to which this section applies, a tree survey shall be required to identify the trees required to be preserved. The tree survey shall graphically show the location of each tree and note the species and diameter at breast height. Only trees defined in this section shall be shown on the survey; non-native invasive species shall not be included and may be removed. During construction, these treed areas to be preserved shall be clearly designated using tree protection fencing to protect them from disturbance or damage.
(B) Fines for the unauthorized removal and the requirement of tree replacement for removal of trees (or both fines and replacement) in preservation areas, unless such trees are determined to be dead, dying or represent a threat to property by the Zoning Administrator or other designated person(s) and said removal is thereby authorized. Replacement trees shall be a minimum of 3 inches diameter at breast height. (dbh). In the event that the Zoning Administrator or other designated person(s) determines that the site cannot accommodate the replacement planting due to size, slope, location, or other related condition, the payment of a fee-in-lieu of replacement planting shall be required. The fee-in-lien tree replacement fee amount shall be set by the Village Council, as amended from time to time.
(Ord. passed 10-16-2007)