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(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
(A) Review and approval. The Building Official or his or her designee will review the treescape plan and report and, upon completion, will make a recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission will recommend approval or disapproval of the treescape plan to the City Council. Upon receiving the Planning and Zoning Commission's recommendation, the City Council will consider the treescape plan for approval. The City Council will approve or disapprove the treescape plan and may hear appeals of the Commission's decision.
(B) Plan requirements and application.
(1) A treescape plan shall be initiated by making an application to the Building Official or his or her designee.
(2) A treescape plan shall accompany all preliminary plats and final plats. Fees for the review of a treescape plan, when submitted in conjunction with a preliminary or final plat, shall be included as a part of the platting fees. The platting fees shall be determined and set by the City Council.
(3) If a property owner determines that no protected trees exist on the properly being platted, the property owner may submit a letter certifying that no protected trees exist on the property. This letter will be accepted by the city upon the applicant's acknowledgment and understanding that if it is later determined that protected trees do exist on the property, the violation provisions and fines of this subchapter will be in full force and effect.
(4) As part of the review process, the city may request changes or adjustments in the layout or design of the development to save protected trees.
(5) The application and treescape plan shall be accompanied by a written explanation indicating the reasons for the removal of any protected trees.
(6) A treescape plan shall be submitted to the Planning and Zoning Commission any time three or more protected trees are to be removed. The fee for review of treescape plans shall be determined and set by the City Council.
(C) Identification. At the time of submission of a treescape plan, the applicant shall clearly flag all protected trees with bright red fluorescent vinyl tape at least four feet above the ground.
(2005 Code, § 13-2-5) (Ord. 200825A, passed 8-25-2020)
(A)
No person shall remove or cause to be removed any protected tree without a tree removal permit.
(B) The Building Official or his or her designee may issue a tree removal permit, without the submittal of a treescape plan, for the removal of no more than two protected trees on any given tract of land, parcel of land, or lot only when the protected trees are dead, diseased, damaged, in danger of falling, pose an imminent or immediate threat to person or property, interfere with utility service, or obstruct intersection visibility, or a showing of good cause for the removal or the protected tree(s) as determined by the Building Official and/or his or her designee, which determination may be appealed to the City Council.
(C) The permit fee shall be determined and set by the City Council. However, no permit fee shall be required if removal of the protected tree is based on the tree being diseased, dead, or posing an imminent or immediate threat.
(D) Protected tree removal permits eligible for issuance without submittal of a treescape plan will be processed administratively by the Building Official or his or her designee. No more than two such permits will be issued for the same property within a 12-month time period. The 12-month time period shall begin on the date of issuance for the initial tree removal permit.
(E) Any protected tree approved for removal shall be replaced at the sole cost of the applicant with a replacement tree within one year of removal of the protected tree.
(2005 Code, § 13-2-6) (Ord. 200825A, passed 8-25-2020)
Penalty, see § 10.99
(A)
As a condition of approval by the City Council of a treescape plan, the property owner will be required to replace the protected trees being removed from the property with approved replacement trees. Said replacement trees shall be planted on the same property on which the protected trees were removed at the property owner's sole cost. The property owner is not authorized to plant the replacement trees at any offsite location unless pre-approved by the City Council at the applicant's request, of which shall be decided at the sole discretion of the City Council.
(B) Replacement trees shall be equal in diameter to the diameter of the former protected tree. For example, if a nine-inch diameter protected tree is removed, it may be replaced by either: (1) three replacement trees of three inches in diameter each; (2) two replacement trees, one of four-inch diameter and one of five-inch diameter; or (3) a single replacement tree of nine-inch diameter.
(C) Replacement trees shall be a minimum of three-inch diameter, measured at four and one-half feet above the ground, and measure seven feet in height when planted. Replacement trees shall be selected from the qualified tree list.
(D) The qualified tree list detailed in § 158.45 shall be approved by the City Council, as amended from time to time.
(E) Property owners shall maintain replacement trees in healthy, growing conditions after planting.
(F) Replacement trees shall not be planted within an area where:
(1) The mature root system may interfere with underground public utility lines;
(2) The mature canopy of the tree may interfere with overhead utility lines; or
(3) Within five feet of a fire hydrant, water or sewer line.
(2005 Code, § 13-2-7) (Ord. 200825A, passed 8-25-2020)
(A) Upon a voluntary request of the property owner, the City Council, in its sole discretion, may allow the property owner to pay a fee in lieu of tree replacement required under § 158.41, subject to division (D) below.
(B) The amount of the payment required in lieu of each replacement tree shall be the average cost of a tree listed on the qualified tree list that is of similar size and type to the replacement tree(s) required under this subchapter, plus the cost of planting said tree(s), based upon current market cost as determined and adopted by the City Council and provided in a fee schedule published by the city.
(C) Tree Preservation Fund. All fees paid to the city under this subchapter shall be deposited into the Tree Preservation Fund. The fund shall be administered by the City Manager or his or her designee. The fund shall be used for: (1) acquiring real property, including conservation easements which shall remain in a naturalistic state in perpetuity; (2) establishing a landscape or wildlife preserve or similar natural area as approved by City Council; or (3) the planting of trees on city-owned or leased properties, rights-of-way and other public properties located within the city, such as on public school grounds, county property or state property, at the city's sole discretion.
(D) Limitation on the use of fees in lieu of tree replacement. Voluntary requests for waivers to the tree replacement provisions of this subchapter shall not exceed 40% of the total number of diameter inches of protected trees to be replaced located outside of a government-designated floodplain zone.
(Ord. 200825A, passed 8-25-2020)
(A) Prior to any construction or development, the owner shall clearly mark with bright fluorescent red vinyl tape all protected trees in such a manner that the tape is clearly visible during construction.
(B) The owner or site supervisor shall prohibit the following activities and materials from coming near or within the drip line of any protected tree: cleaning or storage of equipment; and materials which include, but are not limited to, oils, solvents, paint, mortar, asphalt, concrete, chemical pesticides, and portable bathroom units.
(C) No attachments or wires of any kind, other than those with the sole purpose of protecting a tree, shall be attached to any protected tree.
(2005 Code, § 13-2-8) (Ord. 200825A, passed 8-25-2020) Penalty, see § 10.99
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