Existing woodlands shall be maintained and preserved on the site according to the following regulations:
(a) Definitions. The following terms are defined for the purposes of these regulations:
(1) Diameter at breast height (DBH). The diameter of the trunk of a tree measured at a height of four and five-tenths (4.5) feet above the natural grade. If the tree splits into multiple trunks below four and five-tenths (4.5) feet, the trunk shall be measured at its most narrow point beneath the split.
(2) Mature Woodlands. A stand of trees in which there are ten (10) or more trees that have a DBH of at least twelve (12) inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the stand of trees.
(3) Stand of Trees. A grouping of two (2) or more trees with contiguous canopies.
(4) Young Woodlands. A stand of trees in which there are ten (10) or more individual trees having a DBH of at least eight (8) inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the stand.
(b) Occupied Single-Family Lot: A maximum of six (6) trees having a diameter at breast height (DBH) of eight (8) inches or greater may be removed by a homeowner in any one year.
(c) Residential Subdivisions: In a residential subdivision, trees shall be maintained and preserved according to the following:
(1) A minimum of fifty percent (50%) of mature woodlands shall be preserved.
(2) A minimum of twenty-five percent (25%) of any young woodland shall be preserved.
(3) Any tree that is not classified as part of a mature woodland or young woodland shall be maintained and preserved, to the extent practicable, when the tree meets the following criteria:
A. The DBH of the tree is eight (8) inches or more.
B. The tree is not located within the area to be occupied by a permanent structure together with fifteen (15) feet on all sides, subject to approval of the location of the structure.
C. The tree is not located within the area to be occupied by driveways, accessory buildings, sidewalks, utility installations and similar necessary development subject to approval of the location of said improvements.
(4) In order to implement the standards set forth in Subsection 1165.05(c)(1) thru (c)(3) above in the best manner possible, the Planning Commission may approve a plan of a single-family subdivision with reduced setback requirements than are required by the applicable zoning district in order to permit more of the proposed site to be preserved. In reviewing such a plan, the Planning Commission shall determine that:
A. The design of the subdivision substantially complies with the purposes, intent and basic objectives of the zoning district in which the subdivision is located;
B. The proposal results in a development of equivalent or greater quality than that which could be achieved through strict application of such standards and requirements; and
C. The proposed development shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(d) Nonresidential Uses: On parcels devoted to nonresidential uses, trees shall be retained and preserved according to the following:
(1) Trees that are located within the proposed development area of the site may be removed upon the Planning Commission's approval of the location of such structures and improvements. For the purposes of this section, the development area of the site shall include the area to be occupied by permanent structures, access roads, parking areas, sidewalks, utility installations, and similar necessary improvements, and an additional fifteen (15) fifteen feet on all sides of the proposed area to be occupied by such improvements.
(2) On all other portions of the site:
A. A minimum of fifty percent (50%) of the mature woodlands shall be preserved.
B. A minimum of twenty-five percent (25%) of any young woodland shall be preserved.
C. Individual trees that are not within a mature or young woodland but which have a DBH of eight (8) inches or greater shall be preserved to the extent practicable, as determined by the Planning Commission.
(e) Reforestation. Upon the approval of the Planning Commission, a property owner or developer may clear more area than permitted in this Section by agreeing to reforest another part of the site at a ratio of 1.2 times the area or the total diameter of the trees otherwise required to be preserved. Such approval shall be granted only when it has been determined that alternative measures to preserve these trees are not feasible.
(Ord. 2016-07-24. Passed 8-3-16.)