(A) (1) All applicants for development proposals which seek credit for existing tree canopy to attain the minimum canopy coverage specified in this section shall submit a tree canopy preservation plan. All tree preservation, tree canopy protection, and woodland protection areas shall be in accordance with the Tree Preservation Policies of Louisville Metro Planning and Design Services.
(2) Note: Refer to § 155.172 for requirements relating to tree protection during construction.
(B) The content of such a plan is dependent upon the means by which the existing tree canopy is to be calculated as follows.
(1) If no ground checking is used to determine the existing tree canopy, then the plan shall depict the location of existing stands of trees on the site and adjacent public rights-of-way that are proposed to be retained and those that are proposed to be removed, if any.
(2) If ground checking is used to determine the existing tree canopy, then the plan shall depict the location, species, and size (caliper) of any individual existing tree that is proposed to be retained to meet the requirements of this section. The location of existing stands of trees on the site that are proposed to be retained and those that are proposed to be removed shall also be provided.
(3) (a) Tree canopy preservation areas (TCPA) are those areas where tree preservation has been provided to meet the tree canopy requirements of this section.
(b) The site shall be developed in accordance with the tree canopy preservation plan. The location of the TCPA boundary delineates the limit of disturbance associated with the TCPA. The limit of disturbance shall indicate the location of the tree protection fencing.
(c) 1. No clearing, grading, construction, or other land disturbing activity shall take place within the TCPA beyond pruning to improve the general health of the tree or to remove dead or declining trees that may pose a public health and safety threat. As trees are lost through natural causes, new trees shall be planted in order to maintain minimum tree canopy as specified in this subchapter.
2. Exception: Single-family residential development may remove trees from the TCPA as long as they are replaced with trees of a similar type (for example, A, B, or C).
(d) Location of structures and parking:
1. No structure shall be closer than 15 feet to the limit of disturbance (tree protection fence); and
2. No vehicle use area (VUA) shall be closer than ten feet to the limit of disturbance (tree protection fence).
(e) During all construction activity (includes clearing, grading, building construction, and VUA construction), a copy of the approved tree canopy preservation plan shall be on-site.
(LDC § 10.1.6) Penalty, see § 155.999