(A) If a tree not authorized for removal is removed, altered, or damaged such that its susceptibility to disease or other detrimental environmental factors is significantly increased which may result in premature death, the general contractor and/or property owner shall pay fines based upon the following:
(1) Failure to obtain a permit - Fine of $250 per tree or $500 per historic tree removed.
(2) Removal of a tree without a permit (Additional Fine) - Fine of $50 per caliper inch, per tree removed.
(3) Removal of an historic tree without a permit (Additional Fine) - Fine of $100 per caliper inch.
(B) The Initial Fine may not be mitigated. However, the violator committing to a replacement plan utilizing the replacement ratio and criteria provided in Table 1 below may mitigate the Additional Fine related to the size of the tree removed. The commitment to mitigate must be proposed by the violator, be acceptable to the city, and the replacement trees must be installed within 90 days of the date when the violator was notified of the violation. Replacement trees must be guaranteed until the tree reaches the minimum required size.
(1) Fines collected for violation of this chapter shall be deposited in a City Tree Bank, which is used to facilitate the planting of trees on public property within the corporate limits of the city.
(2) The number of required replacement trees may be waived by the City Commission, if the City Commission determines the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this chapter and a tree replacement fee is paid to the city’s Tree Bank. The contribution to the Tree Bank may be waived by the City Commission for individual homeowners, on a case-by-case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under this waiver provision must have approval of the City Commission. The value to be paid into the Tree Bank shall be set forth in Table 1 and are based upon the wholesale market value of the trees being replaced, plus installation and maintenance cost to establish the tree.
Table 1: Tree Removal Violation Replacement and Mitigation Standards* | |||
DBH of Protected Tree | Number of Replacement Canopy Trees Required for Each Tree Removed | Number of Replacement Understory Trees Required for Each Tree Removed | Contribution to Tree Bank** |
Table 1: Tree Removal Violation Replacement and Mitigation Standards* | |||
DBH of Protected Tree | Number of Replacement Canopy Trees Required for Each Tree Removed | Number of Replacement Understory Trees Required for Each Tree Removed | Contribution to Tree Bank** |
4" up to but not including 8" | 1 | 1 | $250 |
8" up to but not including 12" | 2 | 2 | $500 |
12" up to but not including 16" | 3 | 5 | $750 |
16" up to but not including 24" | 4 | 6 | $1,000 |
24" and greater | 5 | 7 | May only be approved by the Tree Board or the City Manager or his/her designee and which may include a combination of mitigation methods. |
* This table does not apply to new development. | |||
** Amounts may be adjusted when appropriate based on increased costs of plants. | |||
(3) Any fines which remain unpaid after 30 days will become liens on the property.
(Ord. 1601, passed 12-20-18)