(a) Purpose. The purpose of this section is to promote the proliferation of trees to enhance the natural surroundings within the City.
(b) Definitions.
(1) “Building area” means the area of construction for building including a distance thirty feet around the perimeter of the foundation.
(2) “Tree Plan” means a plan drawn at a scale of not less than 1" = 100' prepared by an owner or his agent showing the location of trees to be preserved or planted on the subject property as a result of the development or construction thereon in accordance with this section.
(3) “Caliper” means the diameter in inches of a tree measured at the height fifty-four inches above the ground.
(Ord. 2000-023. Passed 3-14-00.)
(c) Tree Management. All developments and subdivisions should be designed and constructed to promote trees, where feasible. When feasible, building areas and parking areas should be located to allow for the preservation of trees in excess of six caliper inches.
Upon completion of all new developments and subdivisions, the owner or developer shall assure that the site conforms with the following requirements:
SCHEDULE OF THE MINIMUM NUMBER OF CALIPER OF TREES
Use and Zoning Types | Total Number of Trees | Total Caliper of Trees (inches) |
Single family | ||
Individual lot: | 3 | 7.5 |
Per acre: | 15 | 37.5 |
Multi-family (per acre): | 15 | 37.5 |
Business districts (per acre): | 10 | 25.0 |
Industrial districts (per acre): | 10 | 25.0 |
Upon completion, all developments or subdivisions shall meet such minimum of the number or the caliper inches of trees on the site after construction.
Compliance with the foregoing schedule shall be required even if the property prior to development or subdivision did not have trees equal or greater in number and caliper as stated in the above requirements. The City may request the developer or subdivider to replace the total number of caliper inches of trees removed with new trees of the same caliper inches.
Reasonable efforts shall be undertaken to preserve trees in excess of six inches in caliper unless such trees are located within the building area per the approved site plans.
(Ord. 2004-089. Passed 9-14-04.)
(d) Exemptions. The following activities and properties are exempt from the regulations in this section provided a Tree Management Plan has been submitted and approved by the Eastlake Planning Commission:
(1) The removal of dead, diseased or damaged trees;
(2) Any tree on public property or within street right of way;
(3) The removal of trees necessary for the construction, operation and maintenance of drainage facilities and sanitary and storm sewers;
(4) The removal of trees within any building area;
(5) The removal of trees for construction of public roadways and improvements;
(6) The removal of trees in time of emergency or which pose potential danger to life or property;
(7) The removal of trees required for the installation, maintenance and repair of underground and overhead utilities; or
(8) The removal of trees by an individual homeowner on their single family dwelling lot.
(e) Tree Plan. Any person, firm, corporation, owner or lessor of any lot or land desiring to develop or subdivide same, shall submit to the Planning Commission a Tree Plan. This plan shall show:
(1) The location of existing trees in excess of six inches in caliper within the property; and (Ord. 2000-023. Passed 3-14-00.)
(2) The location or proposed location of the trees to be preserved or planted as of completion of development.
The plan shall identify such trees by size and species. A two hundred fifty dollar ($250.00) plan review fee shall be submitted with the Plan. The Plan also shall provide for the protection of trees in excess of six inches in caliper that will be maintained during and after development. The Planning Commission shall review the Tree Plan to assure conformity with this section and shall certify such conformance of the Tree Plan. A Tree Plan shall not be required for the development or subdivision of property which does not have trees equal or greater in number and caliper as stated in the above requirements.
(Ord. 2001-108. Passed 12-11-01.)
(f) Performance Bond. At the discretion of the Chief Building Official, an applicant may be required to furnish a performance bond to assure the preservation or planting of trees in accordance with the Tree Plan; provided, however, that such bond shall not exceed the lesser of five thousand dollars ($5,000) per acre or the estimated cost of satisfying the requirements in the Tree Plan.
Such bond or a portion thereof shall remain in full force until either the City has confirmed compliance with the Tree Plan or two years after issuance of a building permit.
(g) Exceptions and Variances. The City may make exceptions to the regulations in this chapter in order to protect and improve selected trees in the City. The City may approve the removal or planting of trees, if appropriate, without a Tree Preservation Plan if such tree removal or planting is not contrary to the spirit of this section and is deemed an emergency or hardship.
Any disapproval of the Commission or City in the administration of this chapter can be appealed to the Board of Zoning Appeals.
(Ord. 2000-023. Passed 3-14-00.)