(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)