(A) Tree replacement. In the event that it is necessary to remove a protected tree as specified in §§99.33 through 99.35, the party (other than franchise utility companies) removing the tree shall be required to replace the protected trees being removed with quality trees approved by the Landscape Administrator. A sufficient number of trees shall be planted to equal or exceed the diameter (measured at four and one-half inches above ground level) of each tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. Said replacement trees shall be a minimum of three-and-a-half inch diameter (measured at one foot above ground) and seven feet in height when planted.
(B) Replacement procedures. At the time of review, the agent responsible for replacement, the time of replacement and the location of the new trees will be determined by the Landscape Administrator. The replacement trees shall be located on the subject site whenever possible. However if this is not feasible, the Landscape Administrator has the authority to allow the planting to take place on another property, including public property. Franchise utility companies shall be exempt from this requirement. If the Landscape Administrator approves the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees will be planted within six months. Any replacement tree required by this chapter must be covered by a one-year warranty that is acceptable to the Landscape Administrator.
(C) Tree Reforestation Fund. In a densely forested area, the applicant, upon approval of the Landscape Administrator, may make a payment into the Tree Reforestation Fund in lieu of planting the replacement tree on the subject site. The funds shall be used for: purchasing and planting trees on public property; acquiring wooded property which shall remain in a naturalistic state in perpetuity; and any irrigation, administrative and other costs incurred by the city while pursuing the activities described herein and other activities in support of tree planting, preservation and maintenance, and the general purpose and intent of this chapter. The amount of the payment required for each replacement tree shall be calculated based on a schedule published periodically by the Landscape Administrator which sets forth the average cost of a quality tree added to the average cost of planting a tree.
(Ord. 1220, passed 7-27-98; Am. Ord. OR-1785-10, passed 9-13-10) Penalty, see § 99.99