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(a) Except on residential properties of 6,000 square feet or less, where the village has discretionary development review of a proposed development, either because of planned unit development, conditional use or variance zoning review, the use of development contracts, or otherwise, the village shall require a property owner to provide a tree plan prior to approval by the village. That plan shall contain a complete survey plat of all trees located on the development site with calipers in excess of two inches, identifying each by species, size and location. Stands of trees may be identified by designating a stand of trees on the survey plat and approximating the number of each species and size of trees within the stand. The survey shall also identify the trees to be removed and the trees to be retained as a part of the development. Where trees are to be removed as a result of the development, the developer shall provide a plan identifying what replacement of trees is to take place on the site including the location, species and size of the replacement trees. The tree plan and supporting data shall be reviewed by the Village Administrator who may consult with the Tree Commission and who shall consider any guidelines that have been established by the Tree Commission. The Village Administrator may approve, approve with conditions, or disapprove the tree plan and so advise the Building Inspector, Zoning Inspector, Planning Commission, Zoning Board of Appeals or Village Council, whichever is appropriate depending upon the nature of the zoning or development review underway. Tree approval by the Village Administrator does not authorize any building or development activity or constitute zoning approval and the developer must still comply with any requirements for and obtain a building permit or zoning approval.
(b) No certificate of occupancy shall be issued pursuant to § 1264.07 of the Lockland Code of Ordinances, unless the village officer, who may from time to time be empowered to issue a certificate of occupancy, determines that the site is in compliance with the requirements of the approved tree plan.
(c) Under appropriate circumstances, the village may require the posting of surety to ensure compliance with the conditions of a tree approval. If the required tree approval conditions have not been met within the life of the surety and provided the Village Administrator and his or her designee have not granted a written extension, the village shall use the surety to ensure that those conditions are met.
(d) All tree plan approvals shall be conditioned upon the maintenance of the trees and require replacement where such trees fail to survive. Replacements shall be required within 30 days of notice by the Village Administrator, except that during the winter season, at the request of the property owner, the Village Administrator may grant a longer period of time for the replacement of trees.
(Ord. 98-49, passed 12-7-1998)