(a) Purpose. The purpose of the new subdivision tree planting regulation is to promote and protect the public health, safety and welfare through the preservation and protection of the environment by recognizing the vital importance of tree growth in the ecological system. It is further the purpose of this chapter to specifically promote the preservation and replacement of major trees removed in the course of land development, and to regulate tree planting in the tree lawns along public streets and waterways in new subdivisions.
(b) Applicability. This section shall apply to all major subdivisions, regardless of the zoning district or proposed use.
(c) Tree Preservation.
(1) All major trees shall be preserved unless exempted, as follows:
A. The tree will be located within a public right-of-way or easement for road and utility improvements;
B. The tree is located within the area to be covered by proposed structures or within twenty (20) feet from the perimeter of structures, and the proposed structures cannot be located in a manner to avoid removal of the tree;
C. The tree will be located within a proposed driveway;
D. The tree is damaged or diseased;
E. The tree is an undesirable species in its present location; or
F. The tree interferes with the proper development of the plat as a whole.
(2) If a major tree is removed, and if necessary to comply with the purposes of this section, the developer shall propose planting replacement trees.
(d) Advisory Meeting with the Shade Tree Commission.
(1) Before preparing a tree planting plan and submitting it to the MPC for approval, the developer shall meet and consult informally with the Shade Tree Commission for the purpose of determining the location of all major trees and which, if any, major trees are sought to be removed and the location, size and description of trees which will be planted to comply with this chapter. This informal review shall prevent unnecessary and costly revisions in the layout and development of the subdivision.
(3) When preparing and reviewing subdivision plans and tree planting plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas shall be laid out to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. Developers of land are encouraged to designate heavily wooded areas as park reserves.
(e) Procedure.
(1) After meeting informally with the Shade Tree Commission, the developer shall cause to be prepared a tree planting plan for the subdivision, which shall include:
A. The present location and size of all major trees, with a designation of major trees sought to be removed.
B. The location, size, and description of trees proposed to be placed on the plat in order to comply with this section.
(2) The Shade Tree Commission shall review the tree planting plan at its next regularly scheduled meeting and make a recommendation to the MPC. In making its recommendation, the Shade Tree Commission may recommend approval, approval with modifications, or denial of the tree planting plan.
(3) The MPC consider the recommendation during the review of the preliminary plat and shall either approve, approve with modifications, or deny all new subdivision tree planting plans at the same time as their decision on the preliminary plat.
(4) No variance, zoning permit, conditional use approval, or final subdivision plat approval by the MPC shall be granted or issued until the new subdivision tree planting plan has been approved.
(5) Depending upon conditions relating to the season of the year, the size of the proposed development, the complexity of the tree planting plan, and the developers time schedule, the City reserves the right to require a financial guarantee equal to the approximate cost of tree planting to assure that all required improvements shall be completed within two years of the acceptance of the final subdivision plat by the City. See Section 1114.06.
(f) Tree Lawn Planting Regulations.
(1) The normal spacing between trees on the tree lawn shall be fifty (50) feet, on center. The exceptions to this rule would be the columnar types and small ornamentals, where the spacing could be reduced. Upright types are used mainly on narrow tree lawns or where there is minimal space for crown development.
(2) Trees shall typically be centered between the back of the curb and the street-side edge of the sidewalk. Some exceptions:
A. Wide tree lawns allowing trees to be moved towards the sidewalk;
B. Cul-de-sacs where no sidewalks will be installed; or
C. If utilities have installed a number of lines and cables immediately back of the curb.
(3) Trees planted along the tree lawn to the right or left of the approach to an intersection must not impede vision of pedestrians, bicyclists, street signs, and motor vehicles. Adequate line-of-sight distance must be given to tree lawn signs (school crossing, parking etc.) in order that the later sign clearance trimming can be kept to a minimum. Greater line-of-sight distances shall be provided at railroad crossings.
(4) New subdivision plantings are to be placed no closer than five (5) feet from gas and water shut-offs, driveways, fire hydrants, and property lot lines. All utility companies must be notified prior to any new subdivision tree lawn planting. List all planting locations and note the depth of the planting holes and equipment to be used.
(5) Recommended street trees are listed in an official Shade Tree Commission publication guide available in the City Engineer's Office. The mature height and spread of a given tree type will determine the planting distance from a street light. The developer should also consider height of overhead wires, tree lawn width, and soil types.
(6) Trees required to be planted by this section must be planted within two (2) years of approval of the final subdivision plat by the City.
(7) The developer shall provide for the proper care of the newly planted trees and warranty their survival for one (1) year post planting.
(Ord. 2024-032. Passed 7-22-24.)