(A) Intent: It is the intent of the city of Farmington to protect, preserve and enhance the natural environment of Farmington, to encourage a resourceful and prudent approach to the development of wooded areas, and to retain, as far as practicable, substantial existing tree cover. The city recognizes the value of trees and woodlands for improving air quality, protection against wind and water erosion, shade, energy conservation, wildlife habitat, scenic beauty, and protecting the integrity of the natural environment.
(B) Definitions: Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and to give this section its most reasonable application.
COMMON TREE: Includes ash, aspen, box elder, cottonwood, elm, hackberry, locust, poplar, silver maple, willow, and any other tree species not defined as a "hardwood deciduous tree" or a "coniferous/evergreen tree".
CONIFEROUS/EVERGREEN TREE: A woody plant, which, at maturity, is at least twelve feet (12') or more in height and has foliage on the outermost portion of the branches year round. Tamaracks (larch) are included as a coniferous tree species.
CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetated and nonvegetated), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, excavating, building construction and landscaping.
CONSTRUCTION DAMAGE: Any action such as filling, scraping, trenching or compacting the soil around trees or wounding trees in such a manner that it may result in the eventual death of the tree.
CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius distance of one foot (1') per one inch (1") of tree diameter, e.g., a twenty inch (20") diameter tree has a critical root zone with a radius of twenty feet (20').
DECIDUOUS TREE: A woody plant which, at maturity, is at least fifteen feet (15') or more in height, has a defined crown, and sheds leaves annually.
DIAMETER: The diameter of the main stem of the tree at a point four and one-half feet (4.5') above the ground.
DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.
HARDWOOD DECIDUOUS TREE: Includes birch, basswood, black cherry, catalpa, hickory, ironwood, hard maples, oak and walnut.
INVASIVE TREE SPECIES: A tree species that is nonnative to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include, but are not limited to, common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), tartarian honeysuckle (Lonicera tatarica), amur maple (Acer ginnala), and Siberian elm (Ulmus pumila).
LANDSCAPING: Plantings such as trees, grass and shrubs.
NUISANCE TREE: 1. Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest.
2. Any logs, stumps, branches, firewood, or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated under the direction of the city forester-tree inspector.
3. Any standing dead trees or limbs which may threaten human health or property.
SHADE TREE DISEASE: Includes Dutch elm disease (Ophiostoma ulmi), oak wilt (Ceratocystis fagacearum), or any other tree disease of epidemic nature.
SHADE TREE PEST: Includes emerald ash borer (Agrilus planipenis), European elm bark beetle (Scolytus multistrialus), native elm bark beetle (Hylurgopinus rufipes) or any other shade tree pest with potential to cause widespread damage.
SIGNIFICANT TREE: A healthy tree measuring a minimum of six inches (6") in diameter for hardwood deciduous trees, eight inches (8") in diameter for coniferous/evergreen trees, or twelve inches (12") in diameter for common trees, as defined in this section.
SIGNIFICANT WOODLAND: A treed area of at least fifteen thousand (15,000) square feet or more which includes significant trees.
SPECIMEN TREE: A healthy hardwood deciduous tree measuring equal to or greater than thirty inches (30") in diameter.
WOODLAND PRESERVATION PLAN: A plan prepared by a certified forester or landscape architect that clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve them. The plan will also include calculations to determine the number of replacement trees required.
(C) Applicability:
1. Woodland Preservation Plan: A woodland preservation plan shall be submitted to and approved by the city, and implemented in accord with the plan in connection with any of the following:
(a) New development in any zoning district.
(b) New building construction in any zoning district.
(c) Expansion of any existing commercial, industrial or institutional building where an approved tree preservation plan is not on file with the city.
(d) Any project for which a city land disturbance permit is required.
(e) Any landscape plan as required by section 10-6-10 of this chapter when significant trees or significant woodlands exist in the proposed construction zone.
2. Woodland Preservation Plan Requirements: The woodland preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees and/or smallest area of significant woodland are destroyed or damaged. The woodland preservation plan shall be a separate plan sheet(s) that include the following information:
(a) The name and address of the applicant, and status of the applicant with respect to the land.
(b) The name, telephone number(s) and address of the person responsible for tree preservation during the course of the development project.
(c) Written consent of the owner of the land, if the applicant is not the owner.
(d) Location of the property, including a street address and legal description.
(e) Boundary lines of the property with accurate dimensions as established by survey.
(f) Location of all existing and proposed structures, roads, utilities and driveways on the site.
(g) A tree inventory, indicating the size, species, general health, and location of all existing significant trees, specimen trees and significant woodlands located within the area to be developed or within the parcel of record. All significant trees and specimen trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form.
(h) Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the finding that the trees were planted as part of a commercial business.
(i) A listing of the total diameter inches of healthy significant trees inventoried in subsection (C)2(g) of this section. Dead, diseased or dying trees and invasive tree species do not need to be included in the totals.
(j) A listing of the total diameter inches of healthy significant trees proposed to be removed, total diameter inches of healthy hardwood deciduous trees to be removed, total diameter inches of healthy coniferous/evergreen trees to be removed, and total diameter inches of common trees to be removed.
(k) Outer boundaries and areas (acres) of all contiguous wooded areas or significant woodlands, with a general description of the natural community type or predominant canopy tree species not meeting the significant tree size threshold.
(l) Locations of the proposed buildings, structures, or impervious surfaces.
(m) Delineation of all areas to be graded and limits of land disturbance, showing one foot (1') or two foot (2') contour intervals.
(n) Measures proposed to be implemented to protect significant trees and specimen trees, including required protective measures and any additional protective measures as identified in this section.
(o) Size, species, number and location of all replacement trees or woodlands to be planted on the property in accord with the tree replacement schedule. Replacement trees or woodlands shall not include invasive tree species.
(p) Signature and qualifications of the person(s) preparing the plan. The plan shall be certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant.
3. Submission Requirements: The woodland preservation plan shall be submitted with any preliminary plat plan, site plan or landscape plan, as required by the regulations of this code; or incorporated as part of a grading plan and application for any grading permit as required by this code.
4. Implementation: All sites shall be staked, as depicted in the approved tree preservation plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.
5. Allowable Tree Removal: Up to thirty percent (30%) of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than thirty percent (30%) of the total significant tree diameter inches.
The following types of trees do not need to be included as part of the tally of tree removals:
(a) Dead, diseased, or dying trees.
(b) Trees that are transplanted from the site to another appropriate area within the city.
(c) Trees that were planted as part of a commercial business such as a tree farm or nursery.
(d) Invasive tree species.
6. Mitigation: In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by:
(a) Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; or
(b) Planting replacement trees on city property under the direction of the parks and recreation director or natural resource specialist; or
(c) Paying the city the fee set forth in the fee schedule adopted by city council by ordinance. The payment shall be deposited into an account designated specifically for tree planting.
7. Tree Replacement Calculations: Thirty percent (30%) of the total diameter inches of significant trees on the site may be removed without replacement. The allowable thirty percent (30%) removal is first credited to the common trees removed, then the conifers, and lastly the hardwood species.
The following calculation procedure must be used to determine tree placement requirements:
(a) Calculate thirty percent (30%) of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement.
(b) Subtract the total diameter inches of common tree species that will be removed from the allowable limit.
(c) If there are any allowable inches left, subtract the total diameter inches of coniferous/evergreen tree species that will be removed from the remaining allowable inches.
(d) If there are any allowable inches left, subtract the total diameter inches of hardwood deciduous tree species that will be removed from the remaining allowable inches.
If at any point in the above calculation procedure the number of inches to be removed exceeds the thirty percent (30%) allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in subsection (C)8 of this section.
8. Tree Replacement Schedule: Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule:
(a) Common tree species shall be replaced with new trees, at a rate of one-eighth (1/8) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 8 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") diameter.
(b) Coniferous/evergreen species shall be replaced with new trees, coniferous or deciduous, at a rate of one-fourth (1/4) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 4 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used:
Height of replacement coniferous tree/2 = Diameter inches of credit
(c) Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half (1/2) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 2 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter.
9. Significant Woodland Replacement: All significant woodlands removed must be replaced by the applicant. The number of replacement trees shall be determined by either of the following methods. Either method of replacement may be used when the number of replacement trees required is equal, or the applicant shall utilize the method that yields the greater number of replacement trees:
(a) Replacement of significant trees within the significant woodland that are damaged or destroyed, per the tree replacement schedule described in subsection (C)8 of this section.
(b) Replacement for every one hundred twenty five (125) square feet of significant woodland damaged or destroyed, or increment thereof, with:
(1) One deciduous tree of at least four (4) caliper inches or one coniferous tree at least twelve feet (12') tall; or
(2) Two (2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at least six feet (6') tall; or
(3) Four (4) deciduous trees of at least 1.5 caliper inches or four (4) coniferous trees at least four feet (4') tall.
(c) Trees planted to replace significant woodlands must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native understory seed mix must be planted along with the replacement trees.
10. Species Requirement: The city must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten (10) or more replacement trees are required, not more than thirty percent (30%) of the replacement trees shall be of the same species.
11. Warranty Requirement: Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two (2) years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal.
12. Performance Guarantee: The applicant shall provide the required performance guarantee following preliminary approval of the woodland preservation plan, and prior to any construction and/or grading. The amount of the performance guarantee shall be based on the city's fee schedule.
13. Required Protective Measures: The woodland preservation plan shall identify the measures to be utilized to protect significant trees. The following measures are required to be utilized to protect significant trees:
(a) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area.
(b) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant.
(c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.
(d) Removal of any nuisance trees located in the areas to be preserved.
14. Additional Protective Measures: The following measures to protect significant trees that are intended to be preserved according to the submitted tree preservation plan may be required by the city:
(a) Installation of retaining walls or tree wells to preserve trees.
(b) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation.
(c) Use of tree root aeration, fertilization, and/or irrigation systems.
(d) Therapeutic pruning.
15. Incentives For Woodland Protection: As an incentive to protect contiguous wooded areas, the city will allow the following:
(a) Density Transfer: Density of units that would be allowed in a protected woodland area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected woodland must be an easement dedicated to the city.
(b) Unit Bonus: For each acre of wooded area preserved and dedicated to the city over and above the normal ten percent (10%) park land dedication, the developer will be allowed an additional unit above the original unit allocation.
(c) Tree Bank Areas: Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area permanently dedicated to the city over and above the normal park land dedication, the developer will be allowed an additional unit above the original unit allocation. The dedication may include establishment of a fund for maintenance of the tree bank, based on the recommendation of the park and recreation director or the natural resource specialist. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be usable upland (not wetlands, ponds or utility easements, etc.). The city retains the right to determine whether or not it will accept the property proposed to be dedicated for a tree bank.
16. Compliance With The Woodland Protection Plan: The applicant shall implement the woodland preservation plan prior to and during any construction. The woodland protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the woodland and tree protection measures is made to, and approved by, the city.
(a) No significant trees shall be removed until a woodland preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s) intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from the date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the city.
(b) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved woodland preservation plan. The city shall determine whether compliance with the woodland preservation plan has been met.
17. Existing Developed Commercial Properties:
(a) Trees that are removed that were part of an approved landscape plan must be replaced in accordance with the original landscaping plan, unless city approval is obtained for an alternative landscape plan.
(b) Trees that are removed that were part of a designated woodland preservation area must be replaced in accordance with the tree replacement requirements outlined in this section. The thirty percent (30%) allowable tree removal limit does not apply in these situations.
18. Exceptions:
(a) Exception Standards: Notwithstanding the city's desire to accomplish the tree protection goals outlined in this section, there may be instances where these goals are in conflict with other city objectives. These conflicts are most likely to occur on small, heavily wooded parcels. At the discretion of the city council, exceptions may be granted if all of the following conditions exist:
(1) The subject parcel is five (5) acres in size or less.
(2) It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space.
(3) Strict adherence to the requirements of this section would prevent reasonable development that is consistent with the comprehensive plan and desirable to the city on the parcel.
(4) The exception requested is the minimum needed to accomplish the desired development.
(b) Exception Provisions: If an exception is granted, relief from the requirements of this section may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees or any combination of the above. The city council will approve the form of relief that best balances the objectives of the city and tree preservation. (Ord. 011-634, 5-16-2011)