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TREE PRESERVATION
(A)
The purpose of this subchapter is to encourage the preservation of mature trees, to preserve protected trees during construction and to control the removal of protected trees when necessary.
(B) It is the intent of this chapter to achieve the following:
(1) Prohibit the indiscriminate clearing of property;
(2) Protect and increase the value of residential and commercial properties within the city;
(3) Maintain and enhance a positive image for the attraction of new business enterprises to the City;
(4) Protect healthy trees and promote the natural ecological, environmental and aesthetic qualities of the city;
(5) Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature; and
(6) Establish the Tree Preservation Fund to be administered by the City Manager, or his or her designee, in conformance with an approved treescape plan.
(2005 Code, § 13-2-1) (Ord. 200825A, passed 8-25-2020)
(A)
This chapter shall apply to all real property within the city limits of the city except as provided for in § 158.44.
(B) The provisions of this subchapter shall be administered and enforced by the City Manager or his or her designee.
(2005 Code, § 13-2-2) (Ord. 200825A, passed 8-25-2020)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIP LINE. A vertical line that runs through the outermost portion of the crown of a tree and extending to the ground.
PROTECTED TREE. A tree of any species which has a diameter of three inches or greater measured at a point four and one-half feet above ground level, which if removed, shall be subject to replacement and mitigation in conformance with the methods and procedures described in this subchapter.
REPLACEMENT TREE. A tree species included in the qualified tree list detailed in § 158.45 as adopted by the City Council, as amended by the City Council from time to time, of which is required to replace a removed protected tree in conformance with the methods and procedures described in this subchapter. REPLACEMENT TREES shall be of the minimum diameter width established in § 158.41(C).
TREE. A self-supporting woody perennial plant which has a trunk diameter of three inches or more when measured at a point four and one-half feet above ground level and which normally attains a height of at least 20 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
TREESCAPE PLAN. A graphic representation drawn to the largest scale practical showing the exact location, size (trunk diameter and height), and common name of all protected trees and indication of which trees are to be removed or replaced. The TREESCAPE PLAN requirements are more fully described in § 158.38.
(2005 Code, § 13-2-3) (Ord. 200825A, passed 8-25-2020)
(A)
No person, directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging, any protected tree situated on property regulated by this subchapter without first receiving a permit or approval of a treescape plan, as applicable.
(B) The treescape plan shall include:
(1) Location of all existing and/or proposed structures as shown on the grading plan and all improvements properly dimensioned and referenced to property lines;
(2) Setback and yard requirements;
(3) Existing and proposed site elevations and grades;
(4) Location of existing or proposed utilities and easements;
(5) Title block stating street address, lot and block, subdivision name, date and name, address, and phone number of person preparing the plan;
(6) The exact location, size (trunk diameter and height), and species name of all protected trees to be removed, in both mapped and tabular form; and
(7) The exact location, size (trunk diameter and height), and species name of all replacement trees to be planted, in both mapped and tabular form.
(2005 Code, § 13-2-4) (Ord. 200825A, passed 8-25-2020)
Penalty, see § 10.99
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