(a) Purposes. Protection of existing tree and vegetation cover is intended to preserve the visual and aesthetic qualities of the City, to encourage site design techniques that preserve the natural environment and enhance the built environment, to control erosion and sediment run-off into streams and bodies of water, to protect wildlife habitat, to provide shade, and to conserve energy by reducing building heating and cooling costs.
(b) Tree/Vegetation Removal.
(1) Outside the limits of disturbance. No trees with a diameter at breast height (DBH) of nine inches or greater shall be removed outside the approved limits of disturbance, except as may be specifically exempted in this section.
(2) Within the limits of disturbance. Whenever practicable, significant trees and existing vegetation within the limits of disturbance should be preserved.
(3) Priority areas for retention. Priority areas for retention of existing trees and vegetation shall include, but not be limited to riparian areas, wetlands, wildlife habitat, aquifer or wellhead protection areas, areas falling within the two highest quality ecological integrity classifications for any of the individual metrics or composite as set forth in Appendix B to this Code, and other sensitive natural areas. Streets, buildings, and lot layouts shall be designed to minimize disturbance to all trees nine inches DBH or larger.
(c) Replacement/Mitigation Requirements for Violations of this Section.
(1) Trees. Any tree nine inches DBH or larger that is removed in violation of this section from outside the limits of disturbance shall be:
A. Replanted on the site;
B. Replaced with a tree of the same or equivalent species; or
C. Replaced with trees of the same or equivalent species and in quantities consistent with the dollar values set forth in the Schedule A below.
(2) Cash payment in-lieu of tree replacement. Alternately, for any tree nine inches DBH or larger that is removed from outside the limits of disturbance, the applicant may pay cash in-lieu of tree replacement consistent with the dollar values set forth in Schedule A below. All monies received by the City from an applicant for the purpose of tree mitigation shall be placed in an individual conservation escrow account.
SCHEDULE A: | |
Tree Removed (In Inches) | Tree Value Equivalent/Cash-In-Lieu Amount |
SCHEDULE A: | |
Tree Removed (In Inches) | Tree Value Equivalent/Cash-In-Lieu Amount |
9+ to 11 | $200.00 |
11+ to 14 | $340.00 |
14+ to 17 | $550.00 |
17+ to 21.5 | $750.00 |
21.5+ to 23 | $965.00 |
23+ to 25 | $1,413.00 |
25+ to 27 | $2,010.00 |
27+ to 29 | $2,730.00 |
29+ | $3,440.00 |
Schedule A, above, is subject to index adjustments for inflation.
(3) Exception. The Planning Commission may waive the tree mitigation provisions set forth in this section if it finds that removal of a tree or trees nine inches DBH or greater was necessary due to site planning efforts to protect sensitive areas on the lot or site, including but not limited to wetlands, stream corridors, or aquifer protection areas.
(d) Site Construction Standards. All applicants shall meet the following standards:
(1) Trees to be removed. Trees authorized for removal shall be marked on the curb side with an orange "X" of at least four inches in height.
(2) Trees to be relocated. Trees to be relocated shall be marked on two sides with a white "dot" of at least four inches in height. Trees shall be transported and relocated directly into the ground with a hydraulic spade to a permanent on- or off-site location approved by the City before construction begins. Trees larger than five inches or larger shall be moved with a spade ninety inches or larger. Trees smaller than five inches shall be moved with a spade sixty inches or larger.
(3) Trees to be preserved. Trees and groups of trees to be preserved on site, including their root zone (the most critical portion of a tree's root zone is an area approximately one foot in radius for each diameter inch of trunk), shall be protected during the entire construction period with orange fencing of a minimum height of four feet, secured with metal T-posts, no closer than six feet from the trunk of any tree or one-half the drip line, whichever is greater or other methods approved by the City Manager. Any fenced area shall be posted with a sign with at least two-inch high lettering reading "Tree Preservation Area-Do Not Disturb." Such signs shall be posted at least every 100 feet or on each separate fenced area. No signs, notices, or permits shall be nailed or attached to protected trees. The applicant shall be responsible for maintenance of signs and fencing at all times.
(4) Prohibited activities within preservation areas.
A. The applicant shall be responsible for ensuring that within the fenced areas there is no disturbance of soil, clearing, grubbing, grading, stock-piling of soil or any other materials or equipment, or disposal of any fluids or other materials that may be harmful to the tree(s) or vegetation.
B. Change in site grade greater than six inches within the dripline of protected trees, or within three feet of protected vegetation, such that drainage flows into or collects near protected tree(s) and vegetation is prohibited.
(5) Limits on excavation near preserved trees. The installation of utilities, irrigation lines, or any underground fixture requiring excavation deeper than six inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four inches. The auger distance shall be as set forth in the chart below:
Tree Diameter at Breast Height (Inches) | Auger Distance From Face of Tree (Feet) |
0-2 | 1 |
3-4 | 2 |
5-9 | 5 |
10-14 | 10 |
15-19 | 12 |
Over 19 | 15 |
(e) Exemptions. The following trees and vegetation shall be exempt from the requirements of this section:
(1) Dead, dying, or naturally fallen trees or vegetation, unless the Community Development Staff determines that an action or actions of the applicant or his agents has contributed substantially to the deterioration of a tree or vegetation, or trees and vegetation found to be a threat to public health, safety, or welfare;
(2) Trees or vegetation that are determined by the City to substantially obstruct clear visibility at driveways and intersections;
(3) Tree species that constitute a nuisance to the public such as Corkscrew Willow, Flowering Pear, Weeping Willow, Colorado Blue Spruce, and Austrian Pine.
(4) Trees that are removed from a large stand of trees or forests that are overly dense as part of a plan approved by a qualified forester and the City Community Development Staff for the purpose of maintaining the health and viability of the stand of trees or forest.
(f) Plant Materials, Installation, and Maintenance.
(1) Topsoil. To the maximum extent feasible, topsoil that is removed during construction activity shall be conserved for later use on areas requiring landscaping and revegetation.
(2) Plant materials. The selection of plant materials shall be based on the City of Hudson's climate and site conditions. A list of allowable and preferred plant species that are adaptable to the City can be found in Appendix C
of this Code.
(3) Plant quality. All plants shall be specimen quality for the plant type, free of any defects, of normal health, height, leaf density, and spread appropriate to the species as defined by American Association of Nurserymen or International Society of Arboriculture standards.
(4) Installation. All tree replacement in each phase of a development shall be either installed or installation shall be secured with a letter of credit, escrow, or performance bond for 125 percent of the value of the trees prior to the issuance of a certificate of zoning compliance for any building in such phase. The performance guarantee required by this section shall be in addition to any performance guarantee(s) for landscaping required in Section 1207.04
.
(5) Maintenance. Existing trees and vegetation shall be considered as elements of the project in the same manner as parking, building materials, and other site details, and if damaged during construction or dead within two years of completion of development, shall be promptly replaced based on the requirements of this section.
(Ord. 18-93. Passed 10-15-19.)