§ 156.226  TREE REMOVAL, RELOCATION AND REPLACEMENT.
   (A)   Tree replacement required.  Removal of each protected, significant or historic tree, except as provided elsewhere in this chapter, shall require replacement in caliper inches (American Nursery Stock Standards) as defined in § 156.225. Total number of inches removed from the site is measured at a diameter breast height (DBH). Replacement trees must be planted within a defined period of time not to exceed six months from the date of removal of the protected, significant or historic tree from the developed site. In the case of new construction, replacement plantings shall be required prior to the final inspection of the project. In all cases, any vegetation planted in accordance with this section shall meet or exceed the latest version of ANSI  Z 60.1 American National Standard for Nursery Stock. Planted trees shall be of good structure and high quality, being free of co-dominant stems in the upper 20% of their height, have a nearly straight trunk that is more or less centered, and branches well distributed along trunk.
   (B)   Display of permit.  Any permit or letter authorizing removal of a tree shall be clearly displayed in an obvious and noticeable location, such as a window or storm door, for review during the removal process.
   (C)   Replacement for trees removed without permission.
      (1)   Replacement for trees protected by this section that are removed without permission shall be calculated by twice the number of inches removed.
      (2)   If the DBH inches of the removed tree cannot be determined, replacement shall be based on the stump diameter.
   (D)   Replanting schedule standards.  To avoid a monoculture among plantings and to encourage a diversity, the town shall require at least 50% of the total quantity of replacement trees to be native species. Depending on thenumber of replacement trees required, there shall be a diversity of plantings as follows:
      (1)   Five to ten trees.  Minimum two types of trees to be planted;
      (2)   Ten to 20 trees.  Minimum four types of trees to be planted;
      (3)   Twenty to 100 trees.  Minimum seven types of trees to be planted;
      (4)   Greater than 100 trees.  Minimum ten types of trees to be planted.
   (E)   Fee in lieu of replacement trees.
      (1)   In lieu of planting the trees, the developer/owner shall have the option of paying a fee to the town. This fee shall be one and one-half times the wholesale value per four-inch caliper tree that would be required on the site.
      (2)   This money shall be put into a special account to be used solely for the beautification of public lands.
      (3)   The Zoning Administrator shall decide whether to accept the fee or require the on-site placement of the trees.
   (F)   Relocation of a protected tree.  Relocation is accomplished by moving the protected tree elsewhereon the land to be developed pursuant to the same development order and under the same ownership. The relocation of a protected tree shall require Zoning Administrator approval and a maintenance plan for relocated trees.
   (G)   Inspection of protected, relocated or replaced trees.
      (1)   All relocated or replaced trees shall be inspected by the Zoning Administrator one year after their planting to ensure they are surviving in a healthy condition.
      (2)   Trees planted pursuant to the tree protection sections that are found to be in decliningcondition shall be replaced by the owner of the parcel within 30 days of notification from the Zoning Administrator.
      (3)   If replacement is necessary, there shall be a re-inspection six months after the replacement planting.
   (H)   Maintenance of protected, relocated or replaced trees.  The owner of the parcel shall be responsible for the maintenance of all protected, relocated or replaced trees.
(Ord. 00018, passed 4-11-00; Am. Ord. 00052, passed 9-12-00; Am. Ord. 02024, passed 6-11-02; Am. Ord. 05003, passed 2-8-05; Am. Ord. 06019, passed 4-12-06; Am. Ord. 11008, passed 2-8-11; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16085, passed 10-11-16; Am. Ord. 18076, passed 11-13-18; Am. Ord. 19026, passed 5-14-19) Penalty, see § 156.231