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Developers are requested to refer to the planting manual and plant list, which are available at the offices of the Planning Division for minimal requirements to use as guidelines in meeting the provisions of this subchapter.
(Ord. 42-88, passed 6-6-88; Am. Ord. 46-97, passed 5-5-97)
(A) Any landscape plan disapproved by either the Director of Land Use and Long Range Planning or the Planning and Zoning Commission may be appealed according to the procedure provided in § 153.231(F). In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning and Zoning Commission or administrative officer and modify such decision in any manner not consistent with this section so as to prevent undue hardship or inconsistency.
(B) Variances. The Board of Zoning Appeals may hear requests for variances from the landscape requirements of this section in accordance with the procedures provided in § 153.231(H).
(C) Recording. Decisions of the Board of Zoning Appeals shall be forwarded to the Planning and Zoning Commission, the Community Services Advisory Commission, the Division of Building Standards, and the Clerk of Council's office and properly described in the committee's minutes.
(Ord. 13-81, passed 5-18-81; Am. Ord. 46-97, passed 5-5-97; Am. Ord. 28-08, passed 5-19-08)
For the purpose of this section, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular, the word "person" includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word "structure" includes building; the word "occupied" includes arranged, designed, or intended to be occupied; the word "used" includes arranged, designed or intended to be used; the word "shall" is always mandatory and not merely directive; the word "may" is permissive; and the word "lot" includes plot or parcel. Other words and terms shall have the following respective meanings:
(A) ACCESSORY USE OR STRUCTURE. See § 153.002, Definitions, for definitions of ACCESSORY USE and ACCESSORY STRUCTURE.
(B) EPIPHYTOTIC. The sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
(C) INTERIOR LANDSCAPING. The use of landscape materials within the innermost boundaries of the landscape buffer zone and perimeter landscaping.
(D) LARGE TREE. Any tree species which normally attains a full-grown height equal to or greater than 50 feet.
(E) MEDIUM TREE. Any tree species which normally attains a full-grown height of between 30 and 50 feet.
(F) OPACITY. An imaginary vertical plane extending from the established grade to a required height of which a required percent of the vertical plane shall be visually screened from adjacent property use.
(G) PARKING AREA OR STRUCTURE. An off-street area or structure, for required parking or loading spaces, including driveways, access ways, aisles, parking and maneuvering space, but excluding required from yard, or public right-of-way.
(H) PARKING LOT OR STRUCTURE. An off-street area or structure, other than the parking or loading spaces or areas required or permitted under this section for the parking of automobiles and available to the public customarily for a fee.
(I) PERIMETER LANDSCAPE BUFFER ZONE. That area adjacent to any vehicular use area or along common boundaries in which the perimeter landscape requirements are to be met.
(J) PERIMETER LANDSCAPING. The use of landscape materials within the perimeter landscape buffer zone to achieve the required opacity.
(K) PERSON. Any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
(M) SMALL TREE. Tree species which normally attains a full-grown height of under 30 feet.
(N) TREELAWN. That part of a street not covered by sidewalk, bikepath, or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
(O) VEHICULAR USE AREA. Any open or unenclosed area containing more than 1,800 square feet of area and/or used by six or more of any type of vehicle, whether moving or at rest, including, but not limited to, parking lots, loading and unloading areas, mobile home parks, and sales and service areas. Driveways are considered to be vehicular use areas.
(Ord. 08-91, passed 7-15-91)
(Ord. 46-97, passed 5-5-97; Am. Ord. 25-10, passed 8-9-10)
TREE PRESERVATION
(A) Purpose. The purpose of this chapter is to conserve and protect to the greatest extent possible the city's existing trees, wooded areas, and fence rows; to enhance and promote the community image; to enhance and preserve economic property values and the quality of life in the city; to aid in the alleviation of erosion, siltation, and other harmful effects of land disturbing activities; to aid in controlling the quantity and intensity of stormwater runoff; to alleviate air pollution and non-point source water pollution; to conserve energy; to protect and promote the use of existing vegetation as noise and visual buffers; to preserve the environmental and ecological benefit of trees on air pollution and carbon dioxide levels as well as dust filtration; to reduce energy consumption through the wind break and shade effects of trees when they are properly placed on a site; to preserve and enhance nesting areas for birds and other wildlife and to preserve movement corridors for wildlife; and to promote the public health, safety, and welfare through the preservation and replacement of trees while allowing for the reasonable development of lands in such a manner that implements the stated goals, objectives, policies and standards of the city.
(B) Applicability.
(1) This subchapter applies to trees which have a minimum six-inch diameter breast height (DBH), hereinafter known as protected trees, on all public and private properties, in all zoning districts. On lots containing no more than one detached single-family dwelling, § 153.146, "Tree Replacements," shall apply only to those areas of the single-family lot designated as a "No Build Zone/No Disturb Zone" and/or "Tree Preservation Zone" and to trees required as front yard trees in § 153.133, "Minimum Landscape Requirements." All other sections of this subchapter shall be applicable to single-family residential lots.
(2) This tree preservation subchapter shall not apply to sites which have previously approved final development plans, final plat, or a certificate of zoning compliance or other similar final approval by the city prior to the date this provision takes effect.
(Ord. 95-96, passed 10-5-98; Am. Ord. 59-03, passed 11-3-03)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATE DIAMETER. The combined diameter of a multiple trunk tree measured at breast height (See diameter breast height).
BUILDING ACTIVITY AREA. The area of a lot in which construction and building activities are to be limited and hence shall be the smallest possible area of a lot or parcel of land within which building activity may take place, including the entire area affected by building and grading activities related to the proposed construction, to be determined with maximum regard for existing trees.
CALIPER. The diameter of a tree trunk six inches above the existing grade or proposed planted grade. This measurement is used for nursery-grown trees.
CRITICAL ROOT ZONE. The area inscribed by an imaginary line on the ground beneath a tree having its center point at the center of the trunk of the tree and having a radius equal to one foot for every inch of diameter breast height.
DIAMETER BREAST HEIGHT (DBH). The diameter of a tree measured at four and one-half feet above the existing grade at the base of the tree. This measurement is used for existing forest trees.
NO BUILD ZONE (NBZ). See definition in § 153.002.
NO DISTURB ZONE (NDZ). An area designated on a subdivision plat which shall remain free of any structures including, but not limited to, drives, walks, buildings and outbuildings, sheds, fences, swimming pools, decks, swing sets/play structures, satellite dish antennae, basketball courts, etc. The existing natural features shall not be disturbed, removed, or physically altered unless written permission is granted by the Planning Director or designee. Grading activities and placement of utilities within said
zones are not permitted unless written permission is granted by both the Planning Director and the City Engineer or designees. Utilities may cross at right angles to the said zones or run outside and parallel it.
PROTECTED TREE. A protected tree is any tree having a diameter of six inches DBH or larger or having an aggregate diameter of 15 inches DBH or larger or a tree which has been designated by the city to be of high value or interest to the city because of its location or historic association, or other professional criteria.
REMOVE or REMOVAL. The causing or accomplishing of the actual physical removal of a tree, or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a tree.
TREE. Any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk, or multi-stemmed trunk system, supporting a definitely formed crown.
TREE PRESERVATION AREA. The area of a parcel of land in which all trees shall be protected during all phases of construction.
TREE PRESERVATION PLAN. A proposal which includes a tree survey and a written plan with text and/or graphic illustrations indicating the methods which are to be used to preserve existing trees during construction, and methods for ongoing maintenance, including fertilizing and pruning.
TREE PRESERVATION ZONE. An area designated on a subdivision plat with restrictions noted regarding the removal of trees.
TREE REMOVAL PERMIT. The permit required by this section to be issued in order to remove any protected tree within the corporate limits of the city.
TREE SURVEY. A graphic display drawn to scale, not to exceed 1" = 50', showing all existing trees on a site with a six-inch DBH or greater. The tree survey shall include species, conditions, and contain the outline of the critical root zone of each such tree.
(Ord. 95-96, passed 10-5-98; Am. Ord. 28-05, passed 6-20-05)
(A) General regulations. Prior to any construction activities on a site containing protected trees, a tree preservation plan including a tree survey, and a tree removal permit (if applicable) must be submitted to the city for review and approval. (Refer to § 153.134 for street tree and public tree requirements.)
(B) Site layout and design. All reasonable efforts shall be undertaken in the architectural layout and site engineering design of the proposed development to preserve existing protected trees.
(1) It shall be required that building(s), driveway(s), sidewalks, bikepaths, stormwater management facilities, and parking areas be designed in such a way as to avoid unnecessary removal of protected trees.
(2) The required drainage and grading plan, including stormwater management facilities, shall be developed in such a way as to avoid removal of protected trees in the tree preservation area thereby causing risk of loss through change in grade or moisture.
(3) Proposed placement of all utility service lines shall be shown on the tree preservation plan. Every effort shall be made to protect existing protected trees during the placement of utility service lines including augering and/or jacking as opposed to open cutting as appropriate. A copy of the tree preservation plan and this subchapter shall be submitted at the preliminary plat stage by the applicant to the appropriate public utilities in order to alert said public utilities to the proposed placement of the utility service lines.
(4) Landscape planning shall include the preservation of existing healthy protected trees.
(5) Every effort shall be made during architectural and site engineering layout and design, including grading and utility placement, of the proposed development to preserve protected trees on adjacent parcels through sensitivity to the critical root zones of said protected trees. The critical root zones of protected trees on adjacent parcels shall be carefully reviewed and consideration given during the preparation of the tree preservation plan.
(Ord. 95-96, passed 10-5-98) Penalty, see § 153.999
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