(A) General.
(1) Existing features which would add value to the type of intended development or to the town as a whole, such as trees, watercourses falls, beaches, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision nor any change of grade of the land affected until primary approval of the preliminary plat has been granted.
(2) All trees on the plat which are required to be retained shall be preserved, and all trees, where needed shall be welled and protected against change of grade.
(3) The sketch plan shall show the number and location of existing trees, as required by this chapter, and shall further indicate all those marked for retention and the location of all proposed shade trees required along the street side(s) of each lot as required by this chapter.
(B) Shade trees planted by developer.
(1) (a) As a requirement for subdivision secondary approval, the applicant shall plant trees on the property of the subdivision.
(b) The trees are to be planted within 5 feet of the right-of-way of the street or streets within and abutting the subdivision, or at the discretion of the Commission and the town engineer, within the right-of-way of the streets.
(c) One tree shall be planted for every 40 feet of frontage along each street unless the Commission, upon recommendation of the town engineer, shall grant a waiver in accordance with § 150.009(B). The waiver shall be granted only if there are existing trees growing along a right-of-way or on the abutting property which in the opinion of the Commission comply with this chapter.
(2) New trees to be provided pursuant to this chapter shall be approved by the town engineer and shall be planted in accordance with the regulations of the town engineer. The trees have a minimum trunk diameter (measured 12 inches above ground level) of not less than 2 inches. Only oak, hard maples, ginkgo or other long-live shade trees acceptable to the town engineer and to the Commission shall be planted.
(1996 Code, Chap. 11, § 4.10) Penalty, see § 150.999