§ 158.42 FEE IN LIEU OF TREE REPLACEMENT.
   (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)