(A) Purpose. The purpose of this section is to preserve existing natural resources of the community and to encourage the greening of the city. The City Council finds that the preservation of trees and other vegetation, where practicable, is in the best interest of city residents’ health and welfare. To that end, the City Council has found it necessary and desirable to establish regulations to ensure the city preserves its most significant trees and clusters of exiting trees throughout the city.
(B) Protection of specimen trees.
(1) Applicability.
(a) In general. All development in the city, except that exempted in accordance with § 153.061(B)(1)(b) below, shall be required to protect specimen trees in accordance with this section.
(b) Exemptions. The following development shall be exempt from these standards:
1. Development on land within the CCD zoning district and all other commercially and industrially zoned properties;
2. Development on land containing an existing single-family detached residential dwelling on a lot-of-record which cannot be further subdivided.
(2) Separate plan required. The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on a separate inventory and protection plan clearly depicting all required information.
(3) General requirement.
(b) All specimen trees shall have the following protections, whether located on public or private land:
1. Cutting, removal, or harm prohibited. Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed.
2. Paving or soil compaction prohibited. The area within the dripline of any specimen tree shall not be subject to paving or soil compaction greater than 10% of the total area within the dripline, or within 12 feet of the tree trunk.
(4) Removal of a specimen tree. Specimen trees may be removed if the landowner demonstrates to the Community Development Department that one of the following sets of conditions is met:
(a) Removal of a healthy specimen tree. A specimen tree that is in healthy condition may only be removed if all of the following standards are met:
1. The specimen tree prevents development of a lot platted prior to the effective date of this chapter as denoted in § 153.004 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in §§ 153.040 through 153.047, §§ 153.060 through 153.072, and §§ 153.090 through 153.093.
2. Mitigation is provided in accordance with § 153.061(B)(5), Replacement/Mitigation of Specimen Trees.
(b) Removal of a severely diseased, high risk, or dying specimen tree. A specimen tree that is certified as being severely diseased, high risk, or dying by a certified arborist may be removed without required mitigation.
(5) Replacement/mitigation of specimen trees. Those causing the destruction or removal of a healthy specimen tree, unless exempted by this chapter, shall be responsible for the following mitigation:
(a) Replacement trees required.
1. Each healthy specimen tree removed or destroyed shall be replaced with three or more replacement trees equaling or exceeding a total of 18 aggregate caliper inches.
2. The required replacement trees shall be planted within 12 months of the removal or destruction of the specimen tree.
(b) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby lands in accordance with § 153.060(E), Alternative Landscape Plan.
(c) Establishment period. Replacement trees shall be maintained through an establishment period of at least two complete growing seasons. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.
(C) Tree protection during construction.
(1) Owner’s responsibility. During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction.
(2) Tree protection fencing and tree save areas.
(a) Where required. Specimen trees and other existing trees being used for credit towards landscaping requirements shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the tree’s dripline. The Community Development Department shall consider the existing site conditions in determining the exact location for tree protection fencing. Areas located inside of tree protection fencing are considered “tree save areas”.
(b) Inspection. All tree protection measures shall be inspected and approved by the city prior to start of any land disturbing activities. Failure to have tree protection measures approved prior to the commencement of construction is a violation of this chapter.
(c) When required. No construction, grading, equipment or material storage, or any other activity shall be allowed within the tree save (fenced) area. Fencing shall be maintained until after the final site inspection.
(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed:
(a) Soil compaction. Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area.
(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots.
(c) Chemical contamination. Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.
(d) Paving limitations. Except for driveway access points, sidewalks, curb, and gutter; no paving shall occur within five feet of a specimen tree save area unless authorized through an alternative landscaping plan [See § 153.060(E), Alternative Landscaping Plan].
(D) Tree preservation incentives.
(1) Tree preservation credits. In order to encourage the preservation of as many healthy trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees that comply with the credit standards of this division. Credits are offered only for trees that are not required to be retained by other sections of this chapter. Credits shall be granted in accordance with the following standards:
(a) Credit amount. A credit of one-and-one-quarter multiplied by the aggregate caliper of trees that are not specimen trees shall be credited and applied towards the landscaping standards in § 153.060, Landscaping and Screening, when the trees that are saved comply with the following minimum size standards:
1. Canopy trees. Canopy trees, whether deciduous or evergreen, of seven inches in caliper or greater, measured six inches above ground level.
2. Understory/ornamental trees. Understory or ornamental trees, whether deciduous or evergreen, of four inches in caliper or greater, measured four inches above ground level.
(b) Credit applied towards required plantings. The credit shall be applied to the aggregate tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75% of the required landscaping material.
(c) Exclusions to credit provisions. Dead, dying or diseased trees shall not be used towards crediting.
(2) Reduction in the minimum number of required parking spaces. Up to a 5% reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Community Development Department. Alternative paving materials may be required by the Community Development Department in cases where required parking areas encroach upon root zones.