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(a) Tree removal application and posting.
(1) Except as provided in this subsection, a responsible party must post either an approved tree removal application in accordance with this section or a building permit in a conspicuous place at the entrances to the tree removal property, before removing or seriously injuring a protected tree on that tree removal property.
(2) A tree removal application must be posted in a conspicuous place at the entrance to the tree removal property in conjunction with a demolition permit or a grading permit.
(3) For trees removed from public right-of-way, posting of the required tree removal application is not required.
(b) Application for review. An application required under this section must be filed with the building official on a form furnished by the city for that purpose. The application must include the following:
(1) General. The name, address, telephone number, and signature of the applicant. The applicant may be the owner of the tree removal property or a contracted agent acting for the owner.
(2) Owner information. The name, address, and telephone number of each tree removal property owner.
(3) Tree removal property information. The street address, zoning district, and any overlay district of the tree removal property.
(4) Tree survey or forest stand delineation. One of the following must be provided.
(A) A tree survey that shows the location, diameter, and name (both common and scientific) of all trees on the tree removal property (trees in close proximity that all have a diameter of less than eight inches may be designated as a "group of trees" with only the number noted), or an estimate of the total diameter inches of protected trees, calculated and documented using a tree sampling method determined by the building official to be reasonably accurate. The survey does not have to be prepared by a registered surveyor, architect, or landscape architect. Trees not proposed for removal or serious injury, or located further than 20 feet from proposed construction activity need not be shown on the survey unless the building official determines it would help evaluation of the application.
(B) A forest stand delineation ("FSD") used for the purpose of calculating the total square footage of forest canopy coverage of building sites and providing an ecological assessment of a property. An FSD must be approved by the building official. The building official shall determine the information required to be provided in an FSD. The FSD is applicable to and may be used to calculate:
(i) Tree canopy cover assessment for old-field tree stands and undeveloped lots, two acres or larger, in early succession stages when:
(aa) a stand, or partial stand, with a minimum of 60 percent Class 3, eastern red cedar, or unprotected trees is located in a proposed development impact area;
(bb) the forest stand delineation excludes areas within 50 feet of a one-percent chance floodplain, 50 feet of a wetland, 50 feet of an escarpment zone, or 150 feet of a stream bank;
(cc) the trees in the stand, or partial stand, is designated in an age class of 60 years or less by the building official based on site and historical data; and
(dd) the stand is assessed and surveyed using tree sampling methods which provide general species quantity and tree size determinations based on the use of quadrat plots, a transect line sampling method, point-quarter sampling method, or other method approved by the building official.
(ii) Tree canopy cover credit for single family and duplex construction.
(iii) Tree canopy cover assessment of development impact areas in conjunction with sustainable development incentives.
(iv) Tree canopy cover assessment on properties five acres or larger with institutional and community service uses or recreation uses when the measured tree canopy coverage is the baseline for determining the number of trees required for replacement when using the canopy cover replacement calculation for legacy trees in Section 51A-10.134(c)(7).
(v) Forest analysis for baseline documentation to create a conservation easement.
(vi) Tree canopy cover assessment where trees are removed without authorization.
(5) All permits and approvals related to floodplain, wetland, or escarpment regulations required by city departments or other agencies.
(6) Any other reasonable and pertinent information that the building official determines to be necessary for review.
(c) Form of approval of tree removal application. A tree removal application is not approved until it has been signed by the building official.
(d) Separate offense for each tree removed or seriously injured without a permit. A responsible party commits a separate violation of this section for each tree removed or seriously injured without authorization by a building permit or approved tree removal application.
(e) Decision of the building official. The building official shall deny a tree removal application if the removal or serious injury is not in the public interest. This decision must be based on the following factors:
(1) The feasibility of relocating a proposed improvement that would require the removal or serious injury of the tree.
(2) The cost of preserving the tree.
(3) Whether the lot or tract would comply with this article after the removal or serious injury.
(4) Whether the removal or serious injury is contrary to the public health, safety, or welfare.
(5) The impact of the removal or serious injury on the urban and natural environment.
(6) Whether an economically viable use of the property will exist if the application is denied.
(7) Whether the tree is worthy of preservation, is a significant tree, or a historic tree.
(8) Whether the tree is diseased or has a short remaining life expectancy.
(9) The effect of the removal or serious injury on erosion, soil moisture retention, flow of surface waters, and drainage systems.
(10) The need for buffering of residential areas from the noise, glare, and visual effects of nonresidential uses.
(11) Whether a landscape plan has been approved by the board of adjustment, city plan commission, or city council.
(12) Whether the tree interferes with a utility service.
(13) Whether the tree is near existing or proposed structures.
(14) Whether the proposed mitigation for tree removal or serious injury is sufficient.
(f) Development impact area waiver. Except as provided in this section, if tree removal is authorized by a building permit for construction of a main structure, a property owner may apply for a waiver of the tree replacement requirements in Section 51A-10.134. The waiver applies to protected trees in the development impact area on properties not listed in Sections 51A-10.131 and 51A-10.134(b), all single family and duplex permits, and properties excepted from Article X landscape requirements in Section 51A-10.121.
(1) Qualifications. The owner must demonstrate a good faith effort to design the building project to preserve the most, the biggest, and the best trees, by providing the following:
(A) a tree survey and a tree protection plan implemented as required by this division; and
(B) proof of consultation with a qualified consulting arborist or landscape architect for planning and implementing best management practices to reduce the negative impacts of construction on protected trees before submitting the building permit for approval.
(2) Tree removal property waiver requirements.
(A) Tree removal properties two acres and larger. All tree removal properties two acres and larger must:
(i) meet the qualification requirements of Section 51A-10.135(d)(1) for sustainable development incentives;
(ii) reduce mitigable inches of protected trees on the tree removal property by a minimum of 50 percent through application of tree canopy coverage credit using Sustainable Development Incentives procedures; and
(iii) develop and implement the sustainable landscape plan and tree preservation plan in Section 51A-10.135(d)(4).
(B) Tree removal properties less than two acres. The owner must meet all qualifications in Section 51A-10.132(f)(1).
(3) Waivers. The building official shall waive tree replacement requirements for protected trees within the development impact area if the building official determines that all requirements in this subsection are met.
(A) Limitations. Except as provided in this subsection, the waiver is limited to protected trees in the development impact area on the tree removal property growing within the building footprint, minimum required parking areas, driveways, sidewalks, utility easements, detention areas, areas of grading, excavation areas, and staging areas necessary for construction.
(B) Waiver calculations. Except as provided in this subparagraph, the number of inches to be waived is determined by providing the total number of inches of protected trees in the applicable locations in the development impact area.
(i) The building official shall not waive mitigation of protected trees for non-required off-street parking spaces. The number of inches waived must be reduced on a pro-rata basis determined by the percentage of non-required parking spaces provided in the parking area. (Example: If the number of parking spaces required is 450; and 521 spaces are being provided on the lot, then the tree mitigation requirements shall not be waived for the 71 excess parking spaces. [71/450=15.78%]).
(ii) The building official shall not waive mitigation of protected trees for an area greater than 70 percent of the tree removal property. Trees must be mitigated on a pro-rata basis if the develop ment impact area exceeds 70 percent of the tree removal property. (Example: If the development impact area is 85 percent of the tree removal property, 15 percent of the trees removed must be mitigated, [0.85-0.70=0.15].
(C) Significant trees. Any significant tree on the tree removal property removed or seriously injured must be replaced and is not eligible for this mitigation waiver.
(D) Primary natural area. The development impact area waiver may not include trees within a primary natural area.
(E) Special exception. A tree removal property with a waiver must fully comply with the minimum landscape requirements without a special exception.
(F) Completion. No waiver is complete until the tree removal property passes a final tree mitigation inspection or landscape inspection and obtains a permanent certificate of occupancy.
(G) Denial. The building official shall deny a development impact area waiver if the building official determines that the owner is in violation of any of the applicable requirements of this division during the period between initial review and final tree mitigation or landscape inspection. If a waiver is denied, the required tree replacement must be completed in accordance with Section 51A-10.134. (Ord. Nos. 22053; 25155; 30929; 31314)
(a) A property owner must agree, on a form approved by the director, to have a tree designated as historic before the historic designation can be approved by city council.
(b) Except as provided in this section, historic status lasts for the life of the tree.
(c) A certified copy of the resolution declaring a tree historic must be filed in the deed records of the county where the historic tree is located.
(d) Except as provided in Section 51A-10.140, historic trees may only be removed by authorization of the city council. (Ord. 30929)
(a) Procedure. Established and healthy protected trees on a tree removal property may be transplanted within the city. The transplanting process must conform to operational and safety standards stated in ANSI A300 (Part 6), as amended, and with ISA Best Management Practices for Tree Planting, as amended.
(1) A protected tree that meets the requirements of this section is not considered removed, or seriously injured, if the transplanted tree is planted and maintained in a healthy growing condition.
(2) Building official approval is required before beginning the transplantation for credit as a landscape tree, for tree replacement, or for acceptance in tree canopy coverage measurements.
(3) The following information is required to obtain building official approval.
(A) An initial assessment report describing transplanting practices from beginning to end of the process, including post-planting care practices.
(B) A tree survey or landscape plan identifying the original and final locations of the protected tree after transplant, as applicable.
(C) Names and contact information of the property owners and contractors.
(D) Contractor credentials and a statement of equipment and procedures to be used for the operation.
(E) Other information required by the building official.
(b) Credit for transplanted trees.
(1) Healthy small trees qualify for one inch of replacement credit for each inch of the transplanted tree.
(2) Healthy large and medium protected trees six inches in diameter or less qualify for one inch of replacement credit for each inch of the transplanted tree.
(3) Healthy large and medium protected trees between seven inches and 12 inches in diameter qualify for two inches replacement credit for each inch of the transplanted tree.
(4) Healthy large and medium protected trees between 12 inches and 24 inches in diameter qualify for three inches of replacement credit for each inch of the transplanted tree.
(5) Healthy large and medium protected trees 24 inches or more in diameter qualify for five inches of replacement credit for each inch of the transplanted tree.
(c) Tree canopy coverage. Transplanted trees may be measured as part of the overall tree canopy coverage of a property in a forest stand delineation as a preserved tree. (Ord. 30929)
(a) In general. Except as provided in this section, if a tree removal application is approved, a building permit is issued, an unauthorized tree removal occurs, or when a tree is removed from a public right-of-way in conjunction with a private development, one or more healthy replacement trees must be planted in accordance with the requirements in this article.
(b) Exception. Trees removed with a building permit for construction of a single family or duplex dwelling on a lot one acre or less in a residential district are not required to be replaced if the tree was located in the unrestricted zone on the tree removal property. Trees not in the unrestricted zone are subject to replacement.
(1) For front and rear yards, the unrestricted zone does not include required setbacks or the area 15 feet from the property line, whichever is greater.
(2) For side yards, the unrestricted zone does not include required setbacks or the area five feet from the property line, whichever is greater.
(c) Requirements.
(1) Quantity.
(A) Except as provided in this section, the minimum total caliper of replacement trees must equal or exceed the total classified diameter inches of the protected trees removed or seriously injured as listed below.
(B) Tree classification for mitigation:
(i) Historic trees: 3:1
(ii) Significant: 1.5:1
(iii) Class 1: 1:1
(iv) Class 2: 0.7:1
(v) Class 3: 0.4:1
(2) Species.
(A) A replacement tree must be an approved tree determined by the director.
(B) For a tree removal property two acres in size or more, no one species of tree may constitute more than 35 percent of the replacement trees planted on the tree removal property.
(3) Location. The replacement trees must be planted on the lot from which the protected tree was removed or seriously injured, except as otherwise allowed by Section 51A-10.135. Replacement trees may not be planted within a visibility triangle, a water course, in an area within 15 feet horizontally to the closest point of an overhead electric line, or an existing or proposed street or alley unless the tree is authorized by a license and permit and is required to be in that location by other ordinance.
(4) Minimum size. A replacement tree must have a caliper of at least two inches.
(5) Timing.
(A) Except as provided in this section, all replacement trees must be planted within 30 days of removal.
(B) If the property owner provides the building official with an affidavit stating that all replacement trees will be planted within six months, the building official may allow the replacement trees to be planted during that six-month period.
(i) If the property owner submits an application for a building permit for construction on the tree removal property within the six-month period, the tree replacement requirements may be transferred to the building permit for final completion of all tree replacement prior to a final certificate of occupancy or certificate of completion for the property.
(ii) If the property owner does not submit an application for a building permit for construction within the six-month period, all tree replacement must be completed within 30 days after the expiration of the six-month period.
(C) For residential subdivision developments and multi-phase commercial developments, tree replacement may be completed in accordance with a comprehensive tree replacement plan for the development. The building official may allow the property owner additional time to complete the development project to plant the replacement trees, with the following restrictions:
(i) A proposed landscape plan identifying all conceptual landscaping for the properties within the subdivision must be provided by a landscape architect and designed according to the soil and area requirements of this article. The proposed plan will specify the minimum tree size and general species distribution for the properties in accordance with this article. The tree replacement for the development identified on the proposed plan must be completed prior to the final certificate of occupancy or certificate of completion for the project.
(ii) All required tree replacement that is not scheduled by an approved design for the property under the comprehensive tree replacement plan must be completed within six months of issuance of the tree removal application or building permit for removing trees.
(6) Forest stand delineation exceptions for old-field and undeveloped lots. When an FSD, under Section 51A-10.132(b)(4)(B) is used to assess tree canopy coverage:
(A) except as provided in this paragraph, no mitigation is required for a tree stand when:
(i) at least 60 percent of the trees in the stand are Class 3, eastern red cedar, or unprotected species; and
(ii) the average tree diameters in the stand are less than 12 inches DBH.
(B) significant trees in a stand located on an old-field or undeveloped lots must be mitigated.
(7) Additional requirements for forest stand delineation for properties five acres or greater with institutional uses or recreational uses. When an FSD under Section 51A-10.132(b)(5)(D) is used to assess tree canopy coverage:
(A) the tree removal property must maintain or increase the tree canopy coverage for the property recorded in the most recent FSD; and
(B) significant trees that are included in the FSD tree canopy coverage must be replaced according to the diameter standards for significant trees in this article.
(C) A replacement tree that dies within five years of the date it was planted must be replaced by another replacement tree that complies with this section. (Ord. Nos. 22053; 25155; 30929)
(a) In general. If the building official determines that, due to restrictive site conditions, it would be impracticable or imprudent for the responsible party to plant a replacement tree on the tree removal property, the responsible party shall comply with one or more of the mitigation methods in this section.
(b) Mitigation by legacy trees.
(1) Lots or artificial lots smaller than five acres on properties that are not using sustainable development incentives may attain replacement credit for planting legacy trees on the tree removal property.
(2) Each tree planted and designated as a legacy tree is given a 12 inch replacement credit.
(3) For lots containing a single-family or duplex use, credit will only be provided for legacy trees planted in the portion of the lot that abuts a street and extends across the width of the lot between the street and a main building and lines parallel to and extending outward from the front facade of a main building.
(c) Habitat preservation and restoration areas.
(1) Habitat preservation and restoration areas that are established to provide a dedicated open landscape area for native flora and fauna habitat preservation or restoration may be credited toward tree mitigation.
(2) To receive credit, habitat preservation and restoration areas must be a minimum of 1,200 square feet of contiguous area, as shown on a landscape plan.
(3) Credit will only be given for a maximum of 2,400 square feet of habitat and preservation area or 20 percent of the tree canopy cover goal for the property, as determined by the street typology of the adjacent street in Section 51A-10.135(d)(2)(A), whichever is greater.
(4) Every 1,200 square feet of habitat preserved that is not under a tree canopy may be counted as 12 diameter inches of tree replacement credit.
(5) These areas must be actively monitored and managed to be fully sustained as a protected habitat area including compliance with a maintenance plan provided to the building official.
(d) Sustainable development incentives. Sustainable development incentives must be calculated on a form provided by the director.
(1) Requirements. For a development to qualify for sustainable development incentives it must meet the requirements in this subsection.
(A) Properties must be a minimum of two acres with no residential uses except multifamily uses and shared access developments.
(B) Properties must contain commercial or multifamily uses or a shared access development.
(C) Before a building permit is issued, a consulting arborist or landscape architect must provide the following to the building official:
(i) A forest stand delineation.
(ii) A conceptual landscape plan identifying tree preservation, areas, natural features, landscape areas, proposed buildings, and any other site elements or improvements in as much detail as possible.
(iii) A soil resource assessment for all landscape areas.
(D) All healthy top soils disturbed during construction must be restored.
(E) Development must be fitted to the topography and soils to minimize cut-and-fill sections.
(F) Grading and clearing in or around the development impact area may not encroach in a primary natural area, except in conjunction with the construction of drainage facilities, approved through engineering review.
(i) Grading near preserved trees and around the edge of the development impact area must be planned and implemented to insure minimal impact to natural topography, watercourses, vegetation, and wildlife.
(ii) Indigenous vegetation must be retained and protected except in development impact areas or to control or remove invasive plants.
(G) Utility easement planning and locations must be designed to insure minimal impact to preserved trees and primary natural areas.
(H) All tree preservation and legacy tree plantings must fully comply with the tree protection requirements and soil area and tree spacing standards of this article.
(I) A consulting arborist is required;
(i) for design and implementation of a tree protection plan and soil resource assessment;
(ii) to periodically inspect preserved trees;
(iii) to insure the standards for legacy tree plantings are implemented; and
(iv) to confirm compliance with these requirements to the building official before the final landscape inspection.
(J) Irrigation standards must be designed for efficient water conservation management on the property including dedicated irrigation for all legacy trees.
(K) A site maintenance schedule and implementation plan for site sustainability covering a minimum of five years must be approved by a consulting arborist or landscape architect and fully implemented. The schedule and plan must be available at the property.
(2) Pre-development assessment.
(A) Tree canopy cover goal and credit. The combined tree canopy cover of existing preserved trees, planted legacy trees, and planted landscape trees, shown on the final approved landscape plan, determines the tree canopy cover credit for sustainable development incentives.
(i) The combined preserved and planted legacy and landscape tree canopy cover measured in square feet is compared to the tree canopy cover goal for the property to determine the percentage of tree replacement reduction to be provided.
(ii) The tree canopy cover goal for the property is determined by the street typology of the adjacent streets. In this subsection, street typology is determined using the Complete Streets Manual, unless another publication is designated by the building official. Where a building site faces two or more street frontages with differing typologies, the greater canopy cover goal controls.
Street Typology | Canopy Cover Goal
|
Residential | 40 percent |
Mixed Use | 35 percent |
Commercial & Freeways | 30 percent |
Industrial | 25 percent |
Parkways | 45 percent |
Canopy cover goal percentages are converted to square feet by multiplying the percent and the total square footage of the building site.
(B) Tree mitigation deductions. Tree mitigation deductions are subtracted from the total replacement tree requirements for the building site to calculate the base mitigation requirement in diameter inches. Available tree mitigation deductions are:
(i) Old-field mitigation reduction credit under Section 51A-10.134(c)(6).
(ii) Transplanted tree on site credit under Section 51A-10.133.1(c).
(3) Sustainable development credits.
(A) Tree canopy cover credit.
(i) Canopy cover credit square footage is divided by the tree canopy goal for the building site, measured in square feet, to obtain the percentage reduction.
(ii) The base mitigation requirement is reduced by the percentage above to determine the number of inches of mitigation remaining due.
(B) Preserved tree canopy credit.
(i) Preserved tree canopy cover is determined by completing a forest stand delineation and a conceptual landscape plan showing the protected trees to be preserved.
(ii) Preserved tree canopy cover credit, measured in square feet, must be confirmed before final inspection. Preserved tree canopy cover in a primary natural area is calculated at a rate of 0.25:1.
(C) Landscape tree canopy credit. Large and medium nursery stock landscape trees may be counted towards the tree canopy cover total for a building site at a rate of 300 square feet per tree.
(D) Legacy tree canopy credit. Large or medium legacy trees may be installed in enhanced landscape areas for legacy tree credit. Legacy tree credit is determined as follows:
(i) Large legacy trees are counted towards the tree canopy cover total at a rate of 1,200 square feet per tree.
(ii) Medium legacy trees are counted towards the tree canopy cover total at a rate of 750 square feet per tree.
(4) Green site points.
(A) Additional tree mitigation reductions are available through enhanced site planning and design, landscape, and water conservation improvements that directly promote urban forest conservation.
(B) Required green site points are calculated by determining the percentage of the tree canopy cover goal or the percentage of existing tree canopy cover compared to the overall building site area before development. The percentage is rounded and converted to points at a 1:1 ratio (i.e., 30 percent = 30 points).
(i) For building sites three acres or less, the required number of points is determined by the tree canopy cover goal or the tree canopy cover before construction, whichever is greater.
(ii) For all other building sites, the required number of points is determined by the tree canopy cover before construction, but must be a minimum of 50 points.
(C) Green site points from enhanced landscaping are determined as follows:
(i) Green site landscape plan. Five points. A green site landscape plan must meet the minimum standards of this article, be designed by a landscape architect, and include the following:
(aa) a plan for the design, implementation, and maintenance of a water-wise program and water-wise planting materials on a minimum of 75 percent of development impact area; and
(bb) a soil resource assessment throughout development for all landscape areas and required trees.
(ii) Tree preservation plan. Five points. A tree preservation plan must include a tree protection plan, soil resource assessment, and a complete tree survey performed by a consulting arborist. The tree preservation plan must be implemented and monitored by a consulting arborist. A report of soil planting conditions and tree protection during construction is required before a final landscape inspection.
(iii) Engineered solutions in an urban streetscape for replacement trees. 10 points maximum. A building site must have a minimum of five landscape design option points to qualify. Green site points are awarded when engineered solutions allow required large or medium trees in the street buffer zone to be planted in impervious environments. Soil volume must be a minimum of 480 cubic feet per required tree. A minimum of 75 percent of required street buffer trees must meet the soil volume minimum for credits to apply.
(aa) Minimum required soil volume: five points
(bb) Increase in soil volume 10 percent above minimum requirement: six points.
(cc) Increase in soil volume 15 percent above minimum requirement: seven points.
(dd) Increase in soil volume 20 percent above minimum requirement: eight points.
(ee) Increase in soil volume 25 percent above minimum requirement: nine points.
(ff) Increase in soil volume 30 percent or greater above minimum requirement: 10 points.
(iv) Enhanced buffer zone and increased landscape area. 15 points maximum. A building site must have a minimum of 10 landscape design option points in street buffer zone and residential buffer zone enhancements to qualify. A street buffer zone or residential buffer zone may be enlarged by a minimum average of five feet deeper than the required average buffer depth. Five points for each five feet average increase in depth along each buffer zone on the building site.
(v) Conservation through tree preservation or habitat restoration. 20 points maximum. A building site must have a minimum of 10 landscape design option points to qualify. Conservation or preservation programs on the tree removal property may qualify for credits where primary natural areas and secondary natural areas are retained for conservation purposes. Each individual area must be identified on the landscape plan and must be a minimum of five percent of the building site.
(aa) Habitat preservation. Five points. The applicant must preserve existing healthy native and mixed species grassland or woodland areas.
(bb) Habitat preservation and restoration using an active management plan. 10 points. The applicant may create or restore natural habitat conditions if designed and implemented by a qualified professional. Site maintenance must be continual for the purpose of sustaining the vegetated area. Five additional points is available for each additional area.
(cc) Habitat preservation, restoration, and maintenance of natural forest edge using an active management plan - adjacent to primary natural areas. 15 points. The applicant may preserve and restore land areas adjacent to wetlands, creeks, floodplain, and slopes which help buffer the protected creeks, slopes, habitat and woodland in primary natural areas from the development impact area. An additional five points may be allotted if 90 percent of the development impact area boundary adjacent to the primary natural area is a minimum of 100 feet from the primary natural area.
(D) Low impact development. 20 points maximum. A building site must have a minimum of six landscape design option points to qualify.
(i) Rain garden. Maximum 10 points.
(aa) One to 5,000 square feet: three points; and
(bb) each additional 1,000 square feet: one point.
(ii) Bioswale. Maximum 15 points per bioswale.
(aa) 50 to 100 feet long: three points; and
(bb) each additional 50 feet: one point.
(iii) Water-wise plant materials and planting beds. Maximum 10 points. The applicant may provide landscaping that uses water conservation techniques including water-wise plants, mulch, and efficient irrigation.
(aa) For providing water conservation techniques in a minimum of 50 percent of landscape areas: three points; or
(bb) in a minimum of 80 percent of landscape areas: five points.
(cc) For providing low-water consumption grasses for 80 percent of turf surfaces: three points; or
(dd) low-water consumption grasses for all turf surfaces: five points.
(E) Surface parking lots. The applicant may improve the interior zone to provide wider landscape areas and an enhanced shade tree environment. The enhancements may be combined for a maximum of 30 points. An additional five points are available if the building site achieves a 50 percent or greater projected tree canopy coverage over the parking lot with combined existing trees, legacy trees, and landscape trees.
(i) Option 1. Provide a protected pedestrian pathway that is between three feet in width and 15 feet in width, through a parking lot to a building from a public or private street or the expansion of a wide landscape median with trees and a walkway through the parking lot. A minimum of one large or medium tree is required for each 40 linear feet of pedestrian pathway or landscape median. Five points.
(ii) Option 2. Provide a maximum of 10 parking spaces between parking lot landscape islands. Five points.
(iii) Option 3. Increase the parking lot landscape area to a minimum of 200 square feet for each large or medium tree.
(aa) Increase of 50 percent of the required parking lot landscape islands. Five points.
(bb) Increase of 75 percent of the required parking lot landscape islands. 10 points.
(iv) Option 4. Increase the parking lot landscape area to a minimum of 300 square feet for each large or medium tree.
(aa) Increase of 50 percent of the required parking lot landscape islands. Five points.
(bb) Increase of 75 percent of the required parking lot landscape islands. 10 points.
(v) Option 5. Each additional parking lot landscape island provided. Three points.
(vi) Option 6. Provide a minimum 10-foot-wide landscape median with large or medium trees extending the length of a minimum 12 space parking row. Five points.
(vii) Option 7. Provide a 12-foot-wide landscape median with large or medium trees extending the length of a minimum 12 space parking row. 10 points for each full median for a maximum of 20 points on the lot.
(viii) Option 8. Provide a 16-foot-wide landscape median with large or medium trees extending the length of a minimum 12 space parking row. 15 points for each full median for a maximum of 30 points on the lot.
(ix) Option 9. Provide a minimum of 2,500 square feet of contiguous open soil surface area to serve as a pocket park. 20 points.
(F) Conservation easement. 10 points. The applicant may protect the primary and secondary natural areas on the building site adjacent to the development indefinitely through a conservation easement.
(G) Public deed restriction. Five points. The applicant may protect the primary and secondary natural areas on a building site with a public deed restriction for a minimum time-period of 25 years with 25 year automatic renewal provisions.
(e) Tree canopy cover credit for single family and duplex uses. To reduce tree replacement requirements, a portion of existing tree canopy coverage over a single family or duplex construction building site must be preserved.
(1) The tree canopy cover goal is 40 percent of the building site.
(2) Healthy large and medium trees preserved on the building site, including boundary trees, may be included in tree canopy cover calculations. Invasive trees and trees located within 20 feet on center of the nearest overhead public electric line are not included in the calculation.
(3) Each large and medium nursery stock tree planted as landscaping may also qualify as 300 square feet of tree canopy cover. If the tree canopy cover goal is met, additional landscape trees are not required, except that one tree must be provided in the front yard.
(4) Healthy large and medium trees preserved in the required front yard setback may qualify for double the total square footage of preserved tree canopy coverage.
(5) Boundary trees located on adjacent private property must be protected to the drip line according to the tree protection plan.
(6) The tree canopy cover must be measured by a forest stand delineation, verified and approved by the building official. The forest stand delineation must be provided by a consulting arborist.
(f) Conservation easement. Tree mitigation requirements may be reduced by granting a conservation easement to the city in accordance with this subsection.
(1) The conservation easement area must contain protected trees with a combined diameter equal to or exceeding the classified diameter inches for which replacement tree credit is being requested.
(2) The conservation easement area must be a minimum of 20 percent of the size of the development impact area on the tree removal property and must be:
(A) configured primarily for urban forest conservation and preservation by protecting natural topography, waterways, forest vegetation, and wildlife habitation; and
(B) a suitable size, dimension, topography, and general character for its intended purpose.
(3) No portion of the conservation easement may be narrower than 50 feet in width.
(4) A conservation easement must have frontage on an improved public street or have public access through private property to a public street.
(5) The city manager is authorized to accept and approve on behalf of the city a conservation easement to conserve trees and other natural features, upon:
(A) approval as to form by the city attorney;
(B) submission by the applicant of a metes and bounds property description prepared by a licensed surveyor; and
(C) a determination by the building official that the easement area is suitable for conservation purposes, based on:
(i) the submission of baseline documents prepared by a qualified professional describing the property's physical and biological conditions, the general age of any tree stands, locations of easements and construction, and the conservation values protected by the easement;
(ii) the likelihood that the proposed conservation easement area would preserve vegetation on a parcel otherwise attractive for development;
(iii) the overall health and condition of the trees on the conservation easement property, and the extent of invasive and exotic plants on the property and a strategy to manage the population;
(iv) the suitability of the area as a wildlife habitat;
(v) other unique features worthy of preservation, e.g. water channels, rock formations, topography, or rare herbaceous or woody plant species; and
(vi) the preservation of undeveloped areas located in a flood plain on a building site before and after construction, except as authorized by the director for engineering infrastructure.
(6) The conservation easement may be structured to be monitored and managed by a nonprofit association dedicated to the conservation of land, with the city as a joint grantee having the right, but not the duty, to monitor the management of the conservation area.
(7) The city manager may not accept a sole or joint conservation easement on behalf of the city, unless and until the owner provides the building official with:
(A) a tree survey as set forth in Section 51A-10.132, or an estimate of the caliper and type of protected trees documented in a manner determined to be reasonably accurate by the building official, or a forest stand delineation verified and approved by the building official; and
(B) a preservation strategy for the conservation easement area.
(8) No person may place playground equipment or park amenities in a conservation easement area unless the building official has made a written determination that the amenities indicated on a site plan are unlikely to be detrimental to the conservation easement area.
(9) Conservation easement areas must be located wholly within the Dallas city limit.
(g) Use of other property for tree replacement. Replacement trees that cannot be planted on the tree removal property, and for which credit is not given through a conservation easement, may be replaced by the methods in this subsection. The applicant may:
(1) provide a replacement tree to a city department for planting on city property, with the approval of the director of the city department.
(2) plant a replacement tree on property in the city that is within five miles of the tree removal property as long as the responsible party obtains the written approval of the building official and provides:
(A) a site plan indicating the location of the tree to be removed or seriously injured, the address of the property where the replacement tree will be planted, and a site plan indicating the location of the replacement tree; and
(B) a written agreement between the owner of the property where the replacement tree will be planted and the responsible party, to transfer responsibility for the replacement tree under this article to the receiving party.
(i) The agreement may be structured to allow a non-profit association dedicated to tree advocacy or the conservation of land to monitor and manage the replacement trees.
(ii) The agreement must include a written affidavit by the owner of the property where the replacement tree will be planted agreeing to maintain the tree for five years and to be the responsible party for the replacement tree.
(C) A responsible party who obtains permission to plant the replacement tree on other tree replacement property in the city shall ensure that the planting and maintenance of the tree on the other tree replacement property complies with the requirements of this article.
(h) Park land dedication. Preserved protected trees on dedicated park land and private park land may be used to meet tree mitigation requirements in accordance with Subsection (f).
(1) Except as provided in this subsection, to be eligible for tree mitigation credits, dedicated park land and private park land must meet the conservation easement standards in Sections 51A-10.135(f)(1), 51A-10.135(f)(3), and 51A-10.135(f)(5).
(2) Park land dedication requirements may be met on an acre for acre basis for any land dedicated as a conservation easement under this section that meets the conservation easement standards in this section and the requirements for publicly accessible private park land in Section 51A-4.1007(b)(2)(A)(i) and is accepted by the director of the park and recreation department.
(i) Reforestation fund.
(1) General.
(A) Mitigation requirements may be met by making a payment into a special city account, to be known as the Reforestation Fund in accordance with this subsection.
(B) The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived from the most recent edition of the Guide for Plant Appraisal published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official. If more than one tree is being removed or seriously injured or not planted, the values of the trees are added when calculating the payment required.
(C) All property purchased through this fund must be located within the city of Dallas.
(2) Administration.
(A) In general. Except as provided in this paragraph, the director shall administer the reforestation fund to purchase trees to plant on public property, to create an urban forest master plan and to update it periodically, to fund a staff position for managing and directing the fund for planting and urban forest education, or to acquire conservation easements or wooded property. A minimum of 50 percent of all funds provided for each fiscal year must be available for planting trees on public property or to acquire conservation casements or wooded property.
(B) Exception for natural deforestation events. In response to natural deforestation events, the director may administer the reforestation fund to purchase trees to plant on private property.
(i) Definition. In this paragraph NATURAL DEFORESTATION EVENT means a recorded weather event or a period of infestation of an invasive species damaging threatened tree species which causes localized catastrophic tree failure and irreparable structural tree damage resulting in a loss of the urban forest canopy.
(ii) Applicabili ty. This paragraph only applies to lots with an existing single-family or duplex use in a residential district.
(iii) Qualificati on. Private properties affected by a natural deforestation event may qualify for reforestation if they are:
(aa) Located within a declared federal, state, or local disaster area;
(bb) Declared eligible for reforestation by the city council; or
(cc) Confirmed by the director to have contained a vulnerable or threatened tree species on the property, as specified by the Texas Department of Agriculture, and was in imminent threat of infestation.
(iv) Additional requirements. A minimum of one of the following must be provided in determining whether an area has been affected by a natural deforestation event.
(aa) A tree survey or forest stand delineation must be provided that meets minimum requirements established by the director.
(bb) Physical evidence must be presented by the owners of individual lots documenting individual tree loss.
(v) Reforestation.
(aa) Except as provided in Item (dd), parkway trees and trees located in alleys adjacent to residential lots may be replaced at the discretion of the director.
(bb) All reforestation tree planting projects on private property must be conducted between October and March.
(cc) The owner of a reforestation property is responsible for providing any necessary proof of the loss of a large or medium established tree to a natural deforestation event on the owner's property. Photo documentation, Google Street View, and aerial imagery may qualify as confirmation.
(dd) Property owners are not required to participate in a neighborhood reforestation project to replace damaged or destroyed trees. The city will not replace a parkway tree if the adjacent property owner chooses not to receive a tree for a location the property owner must maintain.
(ee) Replacement trees provided through a reforestation tree planting project must be planted on the same property that sustained the tree loss.
(ff) The caliper size of replacement trees provided through a reforestation tree planting project must be between one and three inches.
(gg) Boundary tree replacements must be placed on a single property. Two adjoining properties may each qualify for a tree.
(hh) All replacement trees provided through a reforestation tree planting project must be planted in accordance with the requirements of this chapter.
(ii) An approved planting plan may be required by the director.
(vi) Prohibition on reforestation funds being used to install or maintain trees on private property.
(aa) Reforestation fund expenditures are limited to the purchase and provision of trees. Reforestation funds may not be expended on installation or maintenance.
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