(a) Land Disturbance Activities Prerequisite. Land disturbance activities shall not commence until such activities have been authorized by issuance of appropriate Land Disturbance Permits under the provisions of the development regulations.
(b) Tree Protection Plans. For those projects not exempt from the provisions of this chapter, and not included under subsection (c) hereof, a Tree Protection Plan shall be submitted along with the other documents required by the development regulations for the issuance of a clearing, clearing and grubbing, grading, or development permit.
(1) All Tree Protection Plans and related documentation shall be reviewed by the Planning and Zoning Department for conformance to the provisions of this chapter along with and at the same time as all other plans required for a requested Land Disturbance Permit under the provisions of the Development Regulations.
(2) Clearing, grading and development activities shall conform in all respects with the approved Tree Protection Plan. Any revisions to the proposed development of a property, and any changes reflected in a subsequently submitted permit application, shall be shown on a new or revised permit prior to the commencement of such changed activities.
(c) Exceptions. Projects which propose only limited development activities may be issued a Land Disturbance Permit without a Tree Protection Plan under the following circumstances:
(1) Residential and nonresidential areas shall not be required to submit a Tree Protection Plan if the proposed land disturbance and construction activities are strictly limited to the provision of streets and storm water drainage and detention facilities, placement of soil erosion and sedimentation controls, installation of public or private utilities, and other improvements expressly required by the City of Harrison or by a condition of zoning approval.
(2) Individual multi-family residential and nonresidential projects (not involving a subdivision of the property) may be allowed to undertake activities limited to clearing or clearing and grubbing only, without approval of a Tree Protection Plan, if the proposed land disturbance activities are limited to those portions of the property outside of all minimum yard areas required by the zoning district, all buffer areas required by the Zoning Ordinance or conditions of zoning approval, and any area within the 100-Year Flood Plain, except for curb cut access into the property and for the placement of required soil erosion and sedimentation controls. Additional areas may be designated by the Planning and Zoning Department to remain undisturbed as may be reasonably required with consideration to the proposed use of the property in accordance with the City of Harrison’s Zoning Ordinance. The limits to clearing or clearing and grubbing shall be established no closer to the boundaries of all said undisturbed areas than the driplines of the trees which are located within said areas.
(3) For any property for which a Tree Protection Plan was not required prior to issuance of a Land Disturbance Permit under the provisions of this section, all areas required to be undisturbed shall be provided with protective tree fencing, staking, or continuous ribbon along the limits of clearing or grading which adjoin existing trees/shrubs. Such measures shall be in place prior to the beginning clearing or grading activities, and shall be maintained throughout the land disturbance.
(Ord. 14-05. Passed 5-3-05.)