(A) Trees removed without permits.
(1) Generally. If commercial sites are cleared of protected trees prior to obtaining a zoning permit (a violation), trees shall be replaced in accordance with a replacement schedule approved by the Zoning Administrator. The Zoning Administrator’s replacement schedule shall specify the number, species, caliper, and location of replacement trees, according to the following minimum criteria:
(a) Combined caliper of which equals or exceeds 80 inches per acre; and
(b) One-half of individual replacement trees are four inches or greater caliper.
(2) Grand trees.
(a) Where grand trees have been removed in violation of this chapter or where removal is necessitated at any time due to acts of negligence, trees shall be replaced in accordance with a replacement schedule approved by the Zoning Administrator. The replacement schedule shall establish the number, species, caliper, and location of replacement trees, and at a minimum shall require:
1. That the combined caliper of replacement trees is equal to or greater than three times the caliper of the grand tree removed; and
2. Individual replacements of trees are of the largest transplantable caliper available or equal to the loss of DBH inches.
(B) Recovery from tree violations.
(1) Should violations be noted during the course of a project or at final inspection, the Zoning Administrator shall take appropriate actions, including, but not limited to, the following:
(a) Requiring replacement of illegally removed trees and vegetative buffer;
(b) Requiring replacement of required trees and vegetative buffer that are damaged, diseased, dying, or dead;
(c) Requiring protection of trees and vegetative buffer during construction;
(d) Revoking zoning permits; and
(e) Denying certificates of occupancy.
(2) Nothing herein shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 2012-06, §§ 11.6.1 and 11.6.2, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013) Penalty, see § 153.999