(A) Purpose. Through the preservation, protection, maintenance, and management of the community's existing forest resource, including, but not limited to, individual or significant trees having ecological, cultural, and/or historical significance, and the planting of trees to:
(1) Aid in the stabilization of soil by the prevention of erosion and sedimentation;
(2) Reduce stormwater runoff and the costs associated therewith and replenish groundwater supplies;
(3) Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere;
(4) Provide a buffer and screen against noise pollution;
(5) Provide protection against severe weather;
(6) Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;
(7) Provide a haven for birds which in turn assist in the control of insects;
(8) Provide habitat for wildlife;
(9) Protect and increase property values;
(10) Conserve and enhance the city's physical and aesthetic environment; and
(11) Generally protect and enhance the quality of life and the general welfare of the city.
(B) Penalties. Any person who shall violate any of the provisions of this section or any forest management plan approved hereunder shall be guilty of an offense punishable as a misdemeanor each day or portion thereof that the violation continues. In addition, any and all permits and approvals extended by the city connection with the property on which the violation occurs may be suspended or revoked after notice and an opportunity to be heard, and the city may also deny a certificate of occupancy or pursue injunctive relief and/or damages. Pursuit of any one of these remedies does not waive the city's right to pursue any or all of these remedies.
(C) Waiver of requirements during emergencies. In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this section may be waived by the Mayor, or in the absence of the Mayor, the acting Mayor.
(D) Development of technical specifications and guidelines. The City Arborist appointed by the City Council, shall assist the Zoning Administrator in the development and maintenance of technical specifications and guidelines for its use in the administration of this division. This includes, but is not limited to, advice as to the kinds and species of trees unsuitable or undesirable for planting, such as noxious trees, and advising as to the areas and conditions under which suitable and desirable trees should be planted. Acceptable replacement trees are shown on the following table:
DECIDUOUS TREES
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Common Name
|
Botanical Name
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DECIDUOUS TREES
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Common Name
|
Botanical Name
|
Norway Maple | Acer Platanoides |
Cultivars | Cleveland |
Red Maple | Acer Rubrum |
Cultivars | Northwood, Firedance |
Silver Queen Maple (seedless) | Acer saccharinum 'Silver Queen' |
Sugar Maple | Acer saccharum |
Cultivars | Green Mountain |
River Birch | Betula Nigra |
Hackberry | Celtis Occidentalis |
Green Ash | Fraximus pennsylvanica |
Cultivars | Kindred, Newport, Bergeson, Marshall's Seedless, Patmore, Summit |
Ginkgo | Ginkgo biloba (male only) |
Honeylocust | Glenditsia tricanthos inermis |
Kentucky Coffeetree | Gymnocladus dioicus |
Ironwood | Ostrya virginiana |
Robusta poplar | Poplux x Robusta |
Siouxland Cottonwood | poplus detoides x Siouxland |
White Oak | Quercus alba |
Swamp White Oak | Quercus bicolor |
Pin Oak | Quereus palustris |
Northern Red Oak | Quercus rubra |
American Linden | Tilia americana |
DECIDUOUS TREES
| |
Common Name
|
Botanical Name
|
DECIDUOUS TREES
| |
Common Name
|
Botanical Name
|
Littleleaf Linden | Tilia cordata |
Cultivars | Glenleven, Greenspire |
Redmond Linden | Tilia americana 'Redmond' |
Yellow Birch | Betula lutea |
Paper Birch | Betula alba papyrifera |
Bur Oak | Quercus macrocarpa |
Black Ash | Fraxinus nigra |
Black Walnut | Juglans nigra |
Pagoda Dogwood | Cornus altemifolia |
Hawthorn | Crataegus |
American Plum | Prunus Americana |
Black Cherry | Prunus serotina |
Northern Pin Oak | Quercus ellipsoidalis |
CONIFEROUS TREES
| |
Common Name
|
Botanical Game |
CONIFEROUS TREES
| |
Common Name
|
Botanical Game |
Balsam Fir | Abies balsamea |
White Fir | Abies concolor |
European Larch | Larix decidua |
Black Hills Spruce | Picea glauca 'Densata' |
Austrian pine | Pinus nigra |
Ponderosa Pine | Pinus ponderosa |
Norway Pine | Pinus resinosa |
Scotch Pine | Pinus sylvestris |
White Pine | Pinus strobus |
Douglas Fir | Pseudotsuga menziesii |
Canadian Hemlock | Tsuga canadensis |
Colorado Spruce | Picea pungens |
Northern and Eastern White Cedar | Thuja occidentalis |
(E) Submittal requirements.
(1) All tree preservation plans must be certified by a forester or landscape architect or registered land surveyor retained by the applicant. The tree preservation plan, along with associated subdivision or grading permits plans, shall be submitted in accordance with the Lonsdale Subdivision Chapter and Zoning Chapter, as amended, whichever is applicable. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed at the limits of the approved grading plan before grading is to commence. No encroachment, grading, trenching, filing, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.
(2) The tree preservation plan shall be reviewed by the city's Planning Department to assess the best possible layout to preserve significant trees and significant woodlands and to enhance the efforts to minimize damage to significant trees and woodland trees. The applicant shall meet with the Planning Department prior to submittal of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features, in order that the fewest significant woodlands are destroyed or damaged.
(3) The City Council may, after notice and an opportunity to be heard, revoke an approved forest management plan if it determines, through inspection or otherwise, that such plan is not being followed. Upon such revocation, the basic restrictions of this section shall apply to the affected property as if no forest management plan had ever been approved for that property, and those restrictions shall continue to apply unless a new forest management plan for the property is approved at sometime in the future.
(4) Any request for amendment of an approved forest management plan shall be processed and reviewed as if it were an initial application for such a plan, unless one or more application requirements in divisions (A) and (B) of this section are specifically waived by the City Council by a majority vote.
(F) Restrictions for properties not undergoing development. For purposes of tree removal on land within the city limits not in the process of being subdivided or developed, it shall be unlawful for any person to remove from privately-owned land any tree six inches in diameter at breast height (DBH) or larger in excess of the rate of 36 inches DBH per acre in any calendar year without immediately replacing any such tree pursuant to the appropriate ratio set forth in this section unless provided otherwise in a previously approved forest management plan approved by the city as set forth in division (G).
(G) Tree and woodland preservation plan. The tree preservation plan shall include the following information:
(1) The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders.
(2) Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon.
(3) Delineation of all areas to be graded and limits of proposed land disturbance within the subdivision. The limits of approved site grading shall be delineated in the field. Significant trees shall be protected by fencing located at the perimeter of its critical root zone.
(4) An inventory of size, species, and location of all existing significant trees located within 75 feet of the areas to be graded shall be delineated in the field. Significant trees shall be protected by fencing located at the perimeter of its critical root zone.
(5) Identification of all significant trees and significant woodlands proposed to be saved, along with measures to protect significant woodlands. These significant trees and significant woodlands shall be identified in both graphic and tabular form.
(6) Identification of all significant trees and significant woodlands which will be lost due to proposed land alterations. Significant trees shall be considered lost as a result of:
(a) Grade change or land alteration, whether temporary or permanent, of greater than one foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's root zone or the area under the tree's root zone or the area under the tree which is at and within the drip line of the tree's canopy;
(b) Utility construction (such as sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the root zone;
(c) Mechanical injury to the trunk of a significant tree causing loss of more than 40% of the back; or
(d) Compaction to a depth of six inches or more of 60% or more of the surface of the soil within a significant tree's root zone, or the area under the tree which is at and within the drip line of the tree's canopy.
(7) Identification of all diseased, hazardous, or nuisance trees. Prior to any grading, all diseased and hazardous trees subject property shall be removed from the property.
(8) Signature of the person(s) preparing the plan.
(H) Tree and woodland reforestation mitigation.
(1) Removal and replacement. A developer shall replace significant live trees lost or reasonable anticipated to be lost as a result of grading, building upon, or any other land alteration of, the land immediately or in the future, by the developer, his agent, successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees (replacement trees) determined in accordance with the following formula. If trees are removed that are six to 11 inches in diameter inches, measured at four and one-half feet above the ground, they shall be replaced at a rate one and one-half inches for every diameter inch removed. Trees over 11 inches in diameter inches measured at four and one-half feet above the ground that are removed shall be replaced at a rate of two inches for every diameter inch removed.
(2) Approval; restoration. No significant trees or significant woodlands shall be removed until a tree preservation plan is approved by the city and escrow received in accordance with the approved tree preservation plan. If a significant tree(s) or any significant woodland that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within one year from date of project closure as determined by a forester or landscape architect, the applicant shall mitigate tree loss by reforestation of appropriate areas within the development area in accordance with the following replacement schedule. For each significant tree removed that was intended to be preserved, two deciduous trees with a minimum of two and one-half-inch caliper or two coniferous trees with a height of not less than six feet must be planted.
(3) Required replacement; exception. The trees required to be replaced pursuant to this section shall not be in addition to any other trees required to be planted pursuant to any other provision of the code.
(4) Location of replacement trees. Replacement trees shall be planted in one or more of the following areas on the land; restoration areas including steep slopes, outlots or common areas, buffer zones between different land uses and/or activities, project entrance areas, and any other part of the land except any thereof dedicated or conveyed to the city. If a site cannot accommodate all the required planting, the trees may be planted on publicly-owned or leased sites. If not desired by the city, the city may accept cash of $100 per caliper inch, which would be placed in the Park Fund.
(5) Sizes and types of replacement trees. Replacement trees must be no less than the following sizes:
(a) Deciduous trees - no less than two and one-half caliper inches except bur oak, swamp white oak, pagoda dogwood, ironwood may be one and one-quarter caliper inches.
(b) Coniferous trees - no less than six feet tall.
(I) Time to perform.
(1) The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures of the plan shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the city. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met.
(2) Replacement trees shall be planted not less than 18 months from the date of issuance of the permit.
(3) Any replacement tree which is not alive or healthy one year after the date that the last replacement tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any replacement tree missing one year after such date. Planting shall occur not later than the first fall or spring following such year.
(J) Protective measures.
(1) Measures to protect significant trees and significant woodlands approved, as part of the tree preservation plan shall be included in sales information and disseminated to potential buyers of wooded lots.
(2) The developer shall indemnify the city against any loss, cost or expense, including an amount as and for reasonable attorneys' fees incurred in enforcing the terms of this chapter.
(K) Tree protection.
(1) Trees designated for preservation shall be protected by a highly visible fence or other temporary structure deemed acceptable by the city. The protection area shall be defined by the projection of the tree dripline downward to the ground. If less protection is necessary due to the proximity of building structures or infrastructure, such reduced protection area shall require approval by the city prior to any construction activity taking place.
(2) The location and means of tree protection shall require inspection and approval by the city prior to any construction activity taking place. The city shall also inspect the construction site during construction. The tree protection shall remain in place until the city has conducted an inspection of the lot and has approved the removal of the fencing.
(3) No equipment, chemicals, soil deposits or construction materials shall be placed within a protective barrier.
(4) Any landscaping activity subsequent to the removal of the barriers shall be accomplished with hand labor or light machinery having a gross weight of no more than 1,000 pounds.
(L) Performance guarantee. Based upon the replacement trees identified with division (I), and prior to any construction activity taking place, the applicant shall submit a cash escrow, letter of credit, or other surety acceptable to the city in the amount of 100% of the cost of the replacement trees proposed for the project area. Such surety shall remain in force for two full growing seasons following installation of the replacement trees to guarantee survival. At the end of the two-year period or subsequent two-year period, the city shall review the project area in coordination with the applicant and shall make a determination to:
(1) Refund the appropriate performance surety; or
(2) Require the planting of new trees to replace the replacement trees, which did not survive the initial or subsequent two full growing seasons or subsequent periods until such time as the replacement trees have survived two full growing seasons. For purposes of this section, all trees shall be alive and in satisfactory growing condition at the end of two full growing seasons. The growing season shall include the period May 1 through October 31. The two-year guaranty period for plant material installed after June 1 shall commence the following year.
(M) Exceptions. The provisions of this section shall not apply to:
(1) The removal of trees from commercial nurseries or horticultural properties, such as tree farms, orchards, or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to imminent development of the land.
(2) The removal of trees on public rights-of-way conducted by or on behalf of a federal, state, county, municipal, or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public rights-of-way.
(3) The removal of trees deemed by the city to be diseased, dying, or dead.
(4) The removal of any tree, which has become or threatens to become a danger to human life or property.
(5) The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facilities operated by the utility.
(6) If no significant trees or woodlands are present on the site, a tree preservation plan will not be required.
(Ord. passed 2-29-1996; Am. Ord. 2006-195, passed 4-27-2006)