It is a part of the intent of this Article to establish the minimum tree canopy to be achieved during development for different categories of land use. The following are those standards, expressed as a minimum percentage of the total developable area of a parcel of land:
(1) All residential and nonresidential uses in agricultural zones: Thirty percent (30%) of existing only. See Subsection (c) of this section, Agricultural Standard Exceptions.
(2) All residential zones, including PUD-1, M-1P: Thirty percent (30%).
(3) B-2, B-2A and B-2B zones: zero (0) percent.
(4) P-1, P-2, B-1, B-3, B-5P, B-6P and CC zones: Twenty percent (20%).
(5) B-4, I-1, I-2 and ED zones: Ten percent (10%).
(6) All mixed use zones: Ten percent (10%).
(a) Sites with Insufficient Trees. It is recognized that some sites do not have a sufficient number of trees to meet the tree canopy standards established above. In those situations, the existing trees on the site are to be retained to the maximum extent feasible, and additional trees are to be planted to meet the minimum canopy requirements. Any trees required to be planted and maintained by any other Article of this Zoning Ordinance and Land Subdivision Regulations shall be counted in determining compliance with the provisions of this section. Street trees required by the Subdivision Regulations, trees required by Article 18 of this Zoning Ordinance, and other trees planted on the property may be counted toward the canopy coverage requirements with the credit to be as provided in Subsection (d) of this section, as well as trees planted in and adjoining retention basins when done in accordance with the LFUCG Stormwater Manual. Floodplain reforestation, when done in accordance with said Stormwater Manual may be fully counted as the actual square footage of the land area to be reforested.
(b) Sites Which Exceed the Standard. It is further recognized that in some situations, the site may have a tree canopy in excess of the minimum tree canopy established above. In those instances the development must ensure that the total canopy coverage shall not be reduced below the standards provided above. If existing trees are removed below that standard, new trees per Subsection (e) of this section must supplement the loss to achieve the required canopy.
(c) Agriculture Standard Exceptions. The standards contained for the agricultural zones are intended to be applied only to existing tree canopies to be retained where the site is below the minimum canopy requirements on new development sites. New trees must be planted per Subsection (d) of this section to replace any loss in the existing canopy in such cases. The standard shall not be considered as applicable to bona fide agricultural and silvicultural uses exempted from zoning restrictions by state statute.
(d) Fencing Along Agricultural Land. The location of any required boundary fencing per Section 6-3 of the Land Subdivision Regulations may be located off the property line to protect designated trees in an approved TPP.
(e) Calculation of Tree Canopy Cover. Tree canopy coverage may be determined by one (1) of the following:
1. Existing Canopy Area.
a. By calculating the percent of cover in relation to developable area using aerial photography interpretation.
b. By field measurement of the square footage of the existing tree canopy using the following formula:
C = n R2, where:
C = canopy area in square feet; and
R = the radius of the canopy measured in feet.
2. New Canopy Credit. In areas where the predevelopment canopy is less than the canopy required by this section, a landscape credit shall be used to determine post development canopy for trees that are to be planted. Trees shall be planted in accordance with the landscaping requirements set forth in Section 18-4(c), Plants, of this Zoning Ordinance and the LFUCG Planting Manual for the following sizes of the trees. Landscape credit is given for planted trees only. The following credits represent categories of trees only, not installation sizes:
a. Each Small Tree = one hundred (100) square feet.
b. Each Medium Tree = four hundred (400) square feet.
c. Each Large Tree = seven hundred fifty (750) square feet.
Mass or grouped plantings of trees are encouraged in all cases. In the case of single-family detached residential or similar fee simple lot development, the total number of required tree credits shall be reduced ten (10) percent of the portion of new tree credits planted in a common or public area.
Mass or grouped plantings of trees are encouraged in all cases. In the case of single family detached residential or similar fee simple lot development, the total number of required tree credits shall be reduced ten (10) percent of the portion of new tree credits planted in a common or public area.
Any planting materials that are not on the Plant Material List in the Planning Manual shall be considered on an individual basis to determine the suitability of the specific tree in the proposed location. A plant not on the Plant Materials List shall be permitted only upon the expressed approval of the Division of Environmental Services. If any columnar tree variety, regardless of species, is permitted by the Division of Environmental Services, the tree shall be considered as a small tree and be granted new canopy credit of 100 square feet according to the table above.
(f) Waiver of Standards. Permission to waive the required canopy from the standards of this section shall reside solely with the Planning Commission as a part of the plan approval process. Such waiver shall only be made by the Commission upon finding of one (1) or more of the following:
1) The full application of the standards would constitute an undue hardship on the property by not allowing a reasonable use of the property. Restriction of some use of the property in order to preserve the trees shall not be deemed to be an undue hardship on the property.
2) The full application of the standards would constitute a safety hazard or other danger to the public welfare.
3) The full application of the standards would preclude necessary public facilities and that no other reasonable alternative exists.
(g) Treatment of Distressed Trees. Any tree meeting the definition of a distressed tree shall not be permitted to be utilized for the purposes of meeting the requirements of this Article.
(Code 1983, § 26-5; Ord. No. 289-2000 , § 1, 9-14-2000; Ord. No. 129-2009 , § 34, 7-2-2009; Ord. No. 45-2019 , § 4, 7-2-2019)
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