In development planning, it is encouraged that preservation efforts are made while laying out the location of infrastructure on the site that methods of tree preservation be taken into account to prevent destruction of heavily wooded areas, tree groups of over six (6) inches in caliper width, and individual trees of over six (6) inches in caliper width. The following are basic provisions for the preservation of trees within a site plan:
(a) Preservation of Trees. Preservation of all trees with a diameter of over six (6) inches at four and one-half feet (4.5) above the ground line on the uphill side of the tree and which are outside of the building area is required. Such trees may not be removed from a site, and must be maintained and protected during construction in accordance with the requirements of this Code. The size of the tree protection area during construction shall be a circle that meets the diameter of the drip line of the tree, or a diameter that is measured as one (1) foot in diameter for each one (1) inch of caliper, whichever is greater. Trees that are preserved on the site can be counted towards meeting the mandatory requirements for landscape material quantities within the development.
(b) Tree Removal. Trees that meet the specifications set forth in Section 1131.08(a) that are currently located on the subject property shall only be removed if approved by the Zoning Inspector and one (1) or more of the following situations apply.
(1) The tree poses a hazard. In order to verify that a hazard exists, the City may require a tree hazard assessment to be performed by a qualified arborist.
(2) The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure.
(3) The roots of the tree are causing damage to sewer, plumbing or interfere with utility lines, or is causing damage to public infrastructure within the right-of-way or on City streets.
(4) The tree contains structural problems (split trunk, split crotches, poor branch attachments), is damaged to the point that it cannot recover and grow properly or that it will grow in a misshapen or unsightly manner that could result in failure and fall.
(5) The tree is infested with an epidemic insect or disease where the recommended control is not applicable and removal is necessary to prevent transmission of the insect or disease to other trees. The City may require this condition to be verified by a qualified arborist.
(6) The tree is within automotive driveways or within three (3) feet of the outside edge of such driveway.
(c) Tree Replacement. Any tree that is removed as a result of Section 1131.08(b) must be replaced with a tree of a species included within the generally accepted list on file with the zoning inspector, and in a location that will grow to replace the removed tree without posing the hazards for which the tree was removed.
(1) The Planning Commission may allow trees to be replaced with other types of landscape if one (1) of the following conditions is met:
A. The property includes other trees that provide sufficient shade so that additional trees are not necessary.
B. If a replacement tree would be out of character or form in conjunction with an approved landscape plan.
C. If in the opinion of the Planning Commission there is no suitable location on the property for a replacement tree.
D. If applicant can prove that another selection would be a better choice given site conditions or survivability of an improved species (for example: a suitable replacement for an ash tree affected by emerald ash borer).
(d) Clear-cutting. Clear-cutting shall be defined as the removal of trees from a forested area to the extent that there is a clear danger of soil erosion and depositing of eroded soil upon adjacent land, public roads, private roads, or into adjacent waterways. The removal of all trees from a forested area at one time, without regard to species, quality, age or spacing shall be deemed clear-cutting.
(1) Clear-cutting is prohibited, except to the extent necessary to clear a building site, driveway, pool, tennis court, accessory building, household sewage treatment system and right of way providing access to the site from a dedicated public highway
(2) Clear-cutting is subject to approval by the Planning Commission.
(Ord. 2015-9. Passed 8-25-15.)