A. Purpose: The purpose of regulating development in and around wooded areas is to:
1. Reduce damage to wooded areas, particularly wetlands, steep slopes and stream corridors;
2. Reduce erosion and siltation;
3. Minimize destruction of wildlife habitat; and
4. Encourage subdivision and site plan design which incorporate groves and woodlands as amenities within a development.
B. Environmental Review Required: A sensitive areas development plan for property containing regulated wooded areas must include evidence demonstrating that all regulations of this section will be met. Such plan must include the following information:
1. All "groves of trees" and all "woodlands", as these terms are defined in this title, must be delineated on the plan. (Ord. 05-4186, 12-15-2005)
2. The plan must also delineate all woodlands that are to be protected according to the woodland retention and replacement requirements in subsection C of this section and all groves that are to be protected. The delineated woodlands must include the required buffer area or, alternatively, must delineate the drip line of trees to be retained as specified in subsection C of this section.
3. The total acreage of woodlands must be listed on the plan, along with the percentage of woodlands to be disturbed and the percentage that will be retained. (Ord. 13-4530, 5-14-2013)
4. Woodland and tree protection methods for proposed development activity shall be shown on any plan or plat required to be submitted prior to commencement of development activity. Protection methods should comply with generally accepted tree protection guidelines and be approved by the city.
5. The plan must indicate the location of the planting area for any replacement trees required under this section. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
C. Woodland Retention And Replacement Requirements: Regulated woodlands must be retained according to the following provisions. The percentage of the regulated woodland that must be retained is specified in table 5I-1 of this section according to the underlying base zone.
Base Zone | Retention Requirement |
ID, RR-1 | 70 percent |
RS-5, RS-8, RS-12, RNS-12, T3NE, T3NG, T4NS, T4NM | 50 percent |
RM-12, RM-20, RM-44, RNS-20, T4MS | 20 percent |
RDP, ORP | 20 percent |
C and I | 10 percent |
(Ord. 05-4186, 12-15-2005; amd. Ord. 21-4866, 11-16-2021)
1. The required woodland area to be retained must include a buffer area that extends fifty feet (50') outward from the trunks of the trees to be preserved, unless otherwise allowed by subsection C2 of this section. This buffer area is intended to protect the trees within the specified retention area. Since trees within this buffer area may be prone to damage during construction, they may not be included when calculating the required retention area.
2. Alternatively, a fifty foot (50') buffer area need not be provided if an on site tree survey is completed and the construction limit line is established at least five feet (5') beyond the drip line of trees to be preserved. The tree survey must identify the species, size and location of trees at the perimeter of the woodland to be protected. Said on site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the city for verification by the city forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the city forester or designee.
3. All efforts shall be made during construction to protect the woodlands and groves designated for retention, including placement of durable fencing or other sturdy barrier along the designated construction limit line.
4. If the city determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted. At the discretion of the city, replacement trees may also be allowed in cases where woodlands are determined to be of low quality, such that planting replacement trees would improve the health of a wooded area or create a new grove or wooded area of higher quality. One tree must be planted for every two hundred (200) square feet of woodland removed from the otherwise required retention area. Existing healthy trees (not located within the woodland) may be counted as replacement trees, at the discretion of the city, based on the health, species, maturity, location, and likelihood of survival during and after construction. Existing trees approved for preservation will count toward the required replacement trees at the ratio of substitution stated in table 5E-2 within article E, "Landscaping And Tree Standards", of this chapter. (Ord. 13-4530, 5-14-2013)
5. Where it is not feasible to replace trees on site, replacement trees may be planted to supplement reforestation of an off site woodland approved by the city. Any designated off site woodland must be either publicly owned property or property subject to a conservation easement. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
6. Replacement trees must be approved by the city, and to the extent possible, should be of the same or equivalent species as the trees being removed, unless it is determined that the trees being removed are of a species that is considered low quality. In such a case, alternative tree species will be considered by the city. (Ord. 13-4530, 5-14-2013)
7. Replacement trees must meet the specifications set forth in general tree planting requirements contained in article E, "Landscaping And Tree Standards", of this chapter, and must be secured by a performance guarantee for a period of twelve (12) months. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)
D. Design Standards For Wooded Areas:
1. Woodlands, groves, and existing trees designated for protection according to the approved sensitive areas site development plan, shall be protected from construction activity with durable fencing or other sturdy barrier approved by the city. Said protective fencing shall be placed a minimum of five feet (5') beyond the drip line of the tree or trees to be preserved. Additional spacing of protective fencing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the city forester or designee. The drip line is an imaginary circle that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line encompasses the ground area under the entire spread of the tree canopy.
2. Measures must be taken to protect and retain groves of trees, as defined in this title, to the extent practicable.
3. Trees preserved within groves may be counted as replacement trees, if it is determined that the required woodland retention ratio on a site cannot be met as allowed in subsection C4 of this section. Preserved trees within groves may count toward replacement trees at the ratio of substitution stated in table 5E-2 within article E, "Landscaping And Tree Standards", of this chapter. (Ord. 13-4530, 5-14-2013)
4. When other environmentally regulated sensitive features are present in combination with a regulated woodland, the regulations related to all the sensitive areas contained on the property will be considered, with the most stringent regulations applying.
5. To the extent possible, woodlands located on steep or critical slopes or within 100-year floodplains must be given the highest retention priority when meeting the woodland retention and replacement requirements.
6. Street right of way, public utility corridors and building sites should be located so as to minimize their impact on woodlands and groves.
7. Where possible, woodlands and groves to be protected should be located within designated public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. (Ord. 05-4186, 12-15-2005; amd. Ord. 13-4530, 5-14-2013)