(A) A tree preservation plan shall be prepared and submitted concurrently with land use, subdivision and building permit applications for a project except that a tree preservation plan shall not be required for:
(1) The construction or reconstruction of an individual single-family home as long as any significant trees removed are within the footprints and 20 feet around buildings with frost footings; within the footprints and ten feet around structures with post footings; and within the areas and within ten feet of reasonably-sized driveways.
(2) The removal of significant trees resulting from the expansion of an existing single-family home as long as the home has been in existence and not expanded for at least two years after the final certificate of occupancy was issued and all of its final landscaping and ground cover was installed.
(B) The tree preservation plan must be approved by the Zoning Administrator prior to grading or construction commencing.
(C) For subdivisions with mass grading, the following process shall be followed:
(1) A tree preservation plan shall be prepared and superimposed on the grading plan;
(2) During preliminary plat review, the tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees.
(3) The applicant shall provide a financial guarantee as part of the development contract to guarantee replacement of all significant trees which were to have been saved but were actually destroyed or damaged. A financial security for each mass graded lot with at least one significant tree to be saved and a financial security for each custom graded lot with at least one significant tree shall be provided as part of the development contract to ensure tree protection. The financial security, generally $1,000 per lot, will be determined by the Zoning Administrator based on the number and size of trees to be saved.
(4) All sites shall be staked, as depicted in the approved grading plan, before grading is to commence. No encroaching, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the root zone of the trees to be saved.
(5) After mass grading has been completed and streets and utilities installed, the forester or landscape architect shall submit a tree certification to the city, which shall include:
(a) Certify in writing to the city the status of all trees indicated as saved trees in the approved plan;
(b) Certify in writing to the city whether tree protection measures were installed;
(c) Certify the status of any designated trees that were saved; ande
(d) Certify how the city’s tree replacement policy will be met if a significant tree designated to be saved on the tree preservation plan is destroyed or damaged.
(6) Removal of tree preservation measures shall require written approval from the Zoning Administrator. Tree preservation measures shall not be removed from the site until the Zoning Administrator has approved the grading as built plans for a mass graded site and not prior to the release of financial securities held by the city.
(7) The financial security will be released upon:
(a) Approval of the city and a certification in writing by the forester or landscape architect indicating the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary; and/or
(b) The builders have posted security for the custom graded lots.
(D) For subdivisions with custom graded lots, the applicant submitting a building permit for the lot shall:
(1) Submit a tree preservation plan prepared and incorporated on the required site survey for the custom graded lot.
(2) Provide the financial security, generally $1,000 per lot, as determined by the Zoning Administrator based on the number and size of trees to be saved.
(3) Ensure that the tree preservation plan is consistent with the original tree preservation plan for the plat. The placement of the home and driveway should be where the fewest significant trees would be destroyed or damaged.
(4) The applicant will be responsible for ensuring the tree preservation plan is followed during building construction.
(5) Prior to the issuance of a certificate of occupancy and release of tree preservation security, the applicant shall submit a tree certification to certify to the city in writing the final disposition of safe trees on the lot and that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, if necessary.
(E) Zoning and grading permits.
(1) At the time of building permit application, applicants will be required to furnish the following items for tree preservation for all lots with at least one significant tree:
(a) Security of $1,000 per lot for tree protection requirements;
(b) Tree preservation plan;
(c) Builders are liable for subcontractors that destroy or damage significant trees that were indicated to be saved on the individual lot tree preservation plan;
(2) Inspectors will monitor the tree protection measures at the time of routine inspections; and
(3) Prior to the issuance of a certificate of occupancy and release of tree preservation security, the applicant shall submit a tree certification to certify to the city in writing the final disposition of safe trees on the lot and that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, if necessary.
(Ord. 20220120-01, passed 1-20-22)