(A) The following requirements shall apply for all development plans submitted for a development in a NSC zone, GC zone, HC zone, PO zone, and IP zone.
(1) (a) A Tree Inventory Plan shall be submitted in conjunction with all development plans for a development contained in this section. The Tree Inventory Plan shall be submitted pursuant to the requirements contained in Section 9.24.C.4. of the Fort Thomas Zoning Ordinance.
(b) The Tree Inventory Plan shall also identify any landmark tree(s) and delineate the buildable area of a proposed development. The Planning Commission may permit the removal of a tree outside the buildable area, with the advice of the Tree Commission pursuant to the requirements contained elsewhere in § 98.22 provided the removal of the tree is reasonably required to develop the parcel in compliance with this subchapter.
(2) (a) All trees to be saved outside of the buildable area of a development shall be conspicuously designated with suitable protective tree barriers as designated herein or as otherwise approved by the Zoning Administrator. Approved tree protective barriers shall be installed along the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the protection of individual (non-specimen) trees that may be scattered throughout a development site.
(b) The layout of development improvements, utilities, access drives, grading, etc., of a site shall accommodate the required tree protective zones. The public improvements shall be placed along the corridors between tree protective zones unless the placement of same causes undue hardship on the developer as determined by the Planning Commission. If the Planning Commission determines that public improvements and/or utilities may be placed within a tree protective zone, the installation of same shall occur by way of tunneling rather than trenching.
(c) Construction site activities including, but not limited to, material storage, parking, or concrete washout, shall not encroach into any tree protection zone without the prior approval of the Zoning Administrator. Any tree irreparably damaged or killed within a tree protection zone as a result of construction activity, shall be removed and replaced by the owner and/or developer at a rate of two trees for every tree irreparably damaged or killed.
(d) Protective tree barriers shall be installed to a minimum height of four feet above ground level around the outermost dripline of the tree protection zone. Tree protection zones shall be delineated with typical temporary construction fencing or continuous rope or flagging. In either case, the tree protection barrier shall be accompanied by "Tree Save Area" signage to be placed around the tree save zone not more than every 20 feet.
(3) (a) A Tree Planting Plan shall also be submitted in conjunction with the development plan submission. One tree shall be planted on the development site for every five required parking spaces. Any tree planted relative to the requirements contained herein shall not be less than three inches in diameter when planted.
(b) The Tree Planting Plan shall indicate the total number and species of trees to be planted within a proposed development along with the intended location of same. Trees required to be planted by this chapter should be planted predominately in the developed areas, driveway aisles, and/or parking areas of the project. In no case shall more than 50% of the trees required to be planted be utilized to satisfy the screening requirements of a development. The exact location of the trees to be planted and species shall be approved by the Planning Commission, after review of all Tree Commission recommendations, as part of the Stage I review process. Whenever the owner/developer can demonstrate to the Planning Commission that the site spatial constraints result in an absolute inability to plant the required number of trees, as many trees as possible shall be planted on the site. The difference of those trees required to be planted, and those trees planted, shall be donated to the city for use elsewhere in the city on public property. A reduction credit of one tree or more shall be granted to a owner/developer when either of the following conditions exist:
1. For every tree saved within the buildable area of a development eight inches or more in diameter; or
2. For every two trees saved within the buildable area of a development four to eight inches in diameter.
(B) The following requirements shall apply for all development plans submitted for a development in a R-3 zone, R-5 zone, and RCD zone:
(1) (a) A Tree Inventory Plan shall be submitted in conjunction with all development plans for a development contained in this section. The Tree Inventory Plan shall be submitted pursuant to the requirements contained in Section 9.24.C.4. of the Fort Thomas Zoning Ordinance.
(b) The Tree Inventory Plan shall also identify any landmark tree(s) and delineate the buildable area of a proposed development. The Planning Commission may permit the removal of a tree outside the buildable area, with the advice of the Tree Commission pursuant to the requirements contained elsewhere in § 98.22, provided the removal of the tree is reasonably required to develop the parcel in compliance with this chapter.
(2) (a) All trees to be saved outside of the buildable area of a development shall be conspicuously designated with suitable protective tree barriers as designated herein or as otherwise approved by the Zoning Administrator. Approved tree protective barriers shall be installed along the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the protection of individual (non-specimen) trees that may be scattered throughout a development site.
(b) The layout of development improvements, utilities, access drives, grading, etc., of a site shall accommodate the required tree protection zones. The public improvements shall be placed along the corridors between tree protective zones unless the placement of same causes undue hardship on the developer as determined by the Planning Commission. If the Planning Commission determines that public improvements and/or utilities may be placed within a tree protection zone, the installation of same shall occur by way of tunneling rather than trenching.
(c) Construction site activities including, but not limited to, material storage, parking, or concrete washout shall not encroach into any tree protection zone without the prior approval of the Zoning Administrator. Any tree irreparably damaged or killed within a tree protection zone as a result of construction activity shall be removed and replaced at a rate of two trees for every tree irreparably damaged or killed.
(d) Protective tree barriers shall be installed to a minimum height of four feet above ground level around the outermost dripline of the tree protection zone. Tree protection zones shall be delineated with typical temporary construction fencing or continuous rope or flagging. In either case, the tree protection barrier shall be accompanied by "Tree Save Area" signage to be placed around the tree save zone not more than every 20 feet.
(3) (a) A Tree Planting Plan shall also be submitted in conjunction with the development submission. One tree shall be planted on the development site for every one unit approved. Any tree planted relative to the requirements contained herein shall not be less than three inches in diameter when planted.
(b) The Tree Planting Plan shall indicate the total number and species of trees to be planted within a proposed development along with the intended location of same. Trees required to be planted by this chapter should be planted predominately in the developed areas, driveway aisles, and/or parking areas of the project. In no case shall more than 50% of the trees required to be planted be utilized to satisfy the screening requirements of a development. The exact location of the trees to be planted and species shall be approved by the Planning Commission, after review of all Tree Commission recommendations, as part of the Stage I review process. Whenever the owner/developer can demonstrate to the Planning Commission that the site spatial constraints result in an absolute inability to plant the required number of trees, as many trees as possible shall be planted on the site. The difference of those trees required to be planted and those trees planted shall be donated to the city for use elsewhere in the city on public property. A reduction credit of one tree or more shall be granted to an owner/developer when either of the following exist:
1. For every tree saved within the buildable area of a development eight inches or more in diameter; or
2. For every two trees saved within the buildable area of a development four to eight inches in diameter.
(C) The following requirements shall apply for all new subdivision plans with multiple lots submitted for a subdivision in a R-1AA zone, R-1A zone, R-1B zone, R-1C zone, R-1D zone, and R-2 zone:
(1) (a) A Tree Inventory Plan shall be submitted in conjunction with all subdivision plans for a subdivision contained in this section. The Tree Inventory Plan shall be submitted pursuant to the requirements contained in Section 9.24.C.4. of the Fort Thomas Zoning Ordinance.
(b) The Tree Inventory Plan shall also identify any landmark tree(s) and delineate the buildable area for each proposed subdivision lot. The Planning Commission may permit the removal of any tree(s) outside the buildable area of a subdivision lot with the advice of the Tree Commission pursuant to the requirements contained elsewhere in § 98.22, provided the removal of the tree(s) is reasonably required to develop the subdivision in compliance with this chapter.
(2) (a) All trees to be saved outside of the buildable area of a subdivision lot shall be conspicuously designated with suitable protective tree barriers as designated herein or as otherwise approved by the Zoning Administrator. Approved tree protective barriers shall be installed along the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the protection of individual (non-specimen) trees that may be scattered throughout an individual lot.
(b) The layout of the subdivision improvements, utilities, driveways, etc., should accommodate the required tree protective zones. Whenever practical, public improvements, utilities, or driveways should be placed along the corridors between tree protective zones. When public improvements or utilities are placed within a tree protection zone, installation of same shall occur by way of tunneling rather than trenching.
(c) Construction site activities including, but not limited to, material storage, parking or concrete washout, shall not encroach into any tree protection zone without the prior approval of the Zoning Administrator. Any tree irreparably damaged or killed within a tree protection zone as a result of construction activity shall be removed and replaced by the developer/owner at a rate of two trees for every tree irreparably damaged or killed.
(d) Protective tree barriers shall be installed to a minimum height of four feet above ground level around the outermost dripline of the tree protection zone. The tree protection zones shall be delineated with typical temporary construction fencing or continuous rope or flagging. In either case, the tree protection barrier shall be accompanied by "Tree Save Area" signage to be placed around the tree save zone not more than every 20 feet.
(3) (a) A Tree Planting Plan shall also be submitted in conjunction with the subdivision plan submission. One tree shall be planted on each lot for every 5,000 square feet of lot area or fraction thereof. The tree(s) required to be planted on each lot may be planted on the lot or on the public right-of-way in front of each lot. Any tree planted relative to the requirements contained herein shall not be less than three inches in diameter when planted.
(b) The Tree Planting Plan shall indicate the total number and species of trees to be planted on each lot along with the intended location of same. The exact location of the trees and species to be planted shall be approved by the Planning Commission, after review of all Tree Commission recommendations, as part of the Stage I review process. Whenever the owner/developer can demonstrate to the Planning Commission that the spatial constraints of a lot result in an absolute inability to plant the required number of trees, as many trees as possible shall be planted on the lot. The difference of those trees required to be planted and those trees planted shall be donated to the city for use elsewhere in the city on public property. A reduction credit of one tree or more shall be granted to a owner/developer when either of the following conditions exist:
1. For every tree saved within the buildable area of a lot eight inches or more in diameter; or
2. For every two trees saved within the buildable area of lot four to eight inches in diameter.
(Ord. O-4-90, passed 5-7-90; Am. Ord. O-07-2010, passed 6-7-10; Am. Ord. O-18-2023, passed 12-18-23) Penalty, see § 98.99