§ 99.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. An owner, occupant or a representative of an owner or occupant of a lot, parcel or tract of land for which an application has been filed for a subdivision, special use permit or any activity requiring the issuance of grading, building, utility or demolition permits.
   BLUFF. All property on the lake side of the table land beginning at a point where the slope of the land first exceeds 10% and continuing to the lake or bottom of ravine.
   BUILDING ACTIVITY AREA. The portion of a property within which development activity, including grading, excavating, storage of materials, construction access and construction of both main buildings and accessory structures, including pools and tennis courts, may occur.
   CONSERVATION AREA (EASEMENT).
      (1)   An area within which all existing vegetation shall be preserved for the purpose of retaining the natural character of the area and providing screening from adjacent uses or a public or private street.
      (2)   No plant material shall be removed from or planted in a CONSERVATION AREA without a permit from the city authorizing removal or planting.
      (3)   CONSERVATION AREAS may be established as part of the subdivision process or through the issuance of a special use permit.
      (4)   No solid fences may be located in a CONSERVATION AREA. (Also referred to as PRESERVATION AREAS on some subdivision plats.)
   CRITICAL ROOT ZONE. An area on the ground extending out from the trunk of the tree in all directions a distance of one foot for every inch DBH.
   CUTTING.
      (1)   Felling or removal of a tree, or any procedure that results in the death or substantial destruction of a tree.
      (2)   CUTTING does not include normal pruning or trimming of trees consistent with this chapter.
   DIAMETER BREAST HEIGHT (DBH). The diameter of a tree measured at 54 inches above the ground.
   DIRECTOR.
      (1)   The Directors of the Community Development Department, Public Works Department and Parks and Recreation Department, together or individually.
      (2)   In cases where authority rests with only one or two of the Directors, said Director is specified.
      (3)   In all cases, the Director may authorize one or more designees to act on the Director’s behalf.
   HERITAGE TREE. Any tree having a 18-inch or larger DBH.
   INCH FOR INCH REPLACEMENT.
      (1)   The planting of one or more trees in place of trees that have been removed.
      (2)   The new tree, or trees, shall equal, in total DBH inches, the DBH of the tree or trees removed.
   NO DISTURBANCE AREA.
      (1)   An area, identified on a plat of subdivision or approved development plan around one or more trees within which all construction, grading, installation of utilities and all other land altering activity is prohibited.
      (2)   NO DISTURBANCE AREAS may be established as part of the subdivision process or through the issuance of a special use permit.
   PROPERTY THAT IS THE SUBJECT OF A DEVELOPMENT PETITION. Any property for which an application has been filed for subdivision, special use permit or any activity requiring the issuance of any grading, building, utility or demolition permit.
   PROTECTED AREA. Any areas in which tree protection measures are required pursuant to this chapter, including without limitation any bluff, conservation area, heritage tree, no disturbance area, ravine, streetscape preservation area or tree preservation area.
   RAVINE. All property beginning at a point where the slope of the land first exceeds 10% and continuing to the bottom of the RAVINE.
   REMOVE or REMOVAL. The act of causing a tree to be cut down or to die through damaging, poisoning or other direct or indirect action.
   STREET TREE. Tree located in the public right-of-way and maintained by the city.
   STREETSCAPE PRESERVATION AREAS. The portion of a property located in the front and corner side yards, as defined by the Zoning Code.
   TREE PRESERVATION AREAS.
      (1)   Areas identified on a plat of subdivision, or on a site plan attached to the ordinance granting a special use permit, within which trees are to be preserved.
      (2)   This differs from a conservation easement in that removal of undergrowth is permitted.
(Prior Code, § 42-2) (Ord. 01-38, passed 12-3-2001; Ord. 2010-16, passed 5-3-2010; Ord. 2010-32, passed 6-7-2010)