SECTION 9.29 TREES
   TREE CONSERVATION AND RESTORATION REQUIREMENTS:
   The following requirements shall apply for all development and/or subdivision plans submitted for new development in any zone:
      1.    A tree inventory plan shall be submitted and reviewed in conjunction with all development and/or subdivision plans and before any clearing and/or grading takes place on the property.  The tree inventory plan must be prepared by an arborist or other qualified tree specialist, and the protective tree barriers must be in place before any clearing and/or grading takes place on the property.  The tree inventory plan shall include all trees with a diameter of six (6) inches or more as measured 12" above the ground for the entire site and contain information on species, diameter, and condition, as well as the location of all such trees within the buildable area and within twenty (20) feet of the perimeter of the buildable area.  The tree inventory plan shall also identify any landmark tree(s) and delineate the buildable area of a proposed development. The Planning and Zoning Commission may permit the removal of a tree outside the buildable area, with the  advice  of  the  City Arborist,  pursuant  to  the requirements  contained  elsewhere  in  this  section, provided tree removal of the tree is reasonably required to develop the parcel in compliance herewith.
      2.   All trees to be saved outside of the buildable area of a development shall be conspicuously designated with suitable protective tree barriers as designated herein or as otherwise approved by the Zoning Administrator.  Approved tree protective barriers shall be installed along the outermost dripline around the tree protection zone.  Protecting groups or groves of two or more trees is encouraged rather than the protection of individual (non-specimen) trees that may be scattered throughout a development site. The layout of development improvements, utilities, access drives, grading, etc., of a site shall accommodate the required tree protective zones. The public improvements shall be placed between tree protective zones unless the placement of same causes undue hardship on the developer as determined by the Planning and Zoning Commission. Upon consultation with the City Arborists, if the Planning and Zoning Commission determines that public improvements and/or utilities may be placed within a tree protective zone, the installation of same shall occur by way of tunneling rather than trenching or other method as approved by The Planning and Zoning Commission.
Construction site activities including, but not limited to material storage, parking, or concrete washout shall not encroach into any tree protection zone without the prior approval of the Zoning Administrator. Any tree irreparably damaged or destroyed within a tree protection zone as a result of construction activity shall be removed and replaced with a tree at least two inches (2") caliper by the owner and/or developer at a ratio described in the table below for every tree irreparably damaged or destroyed. The species of the replacement trees must be approved by the Planning and Zoning Commission, or its duly authorized representative.
 
Size of Tree Damaged/Destroyed
Number of Required Replacement Trees per Tree Damaged/Destroyed
6-8 inches
2
9-12 inches
4
13-20 inches
5
22-26 inches
6
27 inches and above
10
 
Tree protection zones shall be delineated with typical temporary construction fencing or continuous rope or flagging.  In either case, the tree protection barrier shall be accompanied by “Tree Save Area” signage to be placed around the tree zone not more than every twenty (20) feet. Protective tree barriers shall be installed to a minimum height of four (4) feet above ground level around the outermost drip line of the tree protection zone, and the tree-planting plan shall indicate the total number and species of trees to be planted within a proposed development along with the intended location of same.  Trees required to be planted by this ordinance should be planted predominately in the developed areas, driveway aisles, and/or parking areas of the project.  In no case shall more than fifty percent (50%) of the trees required to be planted be utilized to satisfy the screening requirements of a development. The exact location of the trees to be planted and the species shall be approved by the Planning and Zoning Commission, after review of the City Arborist's recommendations, as part of the Stage I review process. Whenever the owner/developer can demonstrate to the Planning and Zoning Commission that the site spatial constraints result in an absolute inability to plant the required number of trees. As many trees as possible shall be planted on the site.  Additional landscaping may be substituted for mandatory tree planting at the discretion of the Planning and Zoning Commission. The difference in the monetary value of the number of trees required to be planted, and the number of trees actually planted on the site shall be paid to the City's tree fund for tree planting elsewhere in the City on public property. A reduction credit of one (1) tree or more shall be granted to an owner/developer when either of the following conditions exist:
      (a)   For every tree saved within the buildable area of a development, eight (8) inches or more in diameter, or
      (b)   For every two (2) trees saved within the buildable area of a development six (6) to eight (8) inches in diameter.
   3.    A landmark tree may not be removed without prior approval of the Planning and Zoning Commission. If a landmark tree is irreparably damaged or must be removed, it must be replaced with six (6) trees of 4" caliper with location and species as determined by the Planning and Zoning Commission.
   4.   The following criteria shall apply for tree replacement for each zoning district as outlined below:
      (a)   The following requirements shall apply for all tree planting plans in conjunction with all development plans submitted for a development in a R-2, R-3, R-4, or R-5 Zone.
Two (2) trees shall be planted on the development site for every one (1) unit approved.  Any tree planted relative to the requirements contained herein shall not be less than two (2) inches in diameter as measured 12" above the ground when planted.
      (b)   The following requirements shall apply for all tree planting plans in conjunction with development plans submitted for a development in a RFD Zone, CBDF Zone, CBD Zone, SC Zone NC Zone, PO Zone, 1-1 Zone or 1-2 Zone.  One (1) tree shall be planted on the development site for every five (5) required parking spaces.  Any tree planted relative to the requirements contained herein shall be not less than three (3) inches in diameter as measured 12 inches above the ground when planted.
      (c)   The following requirements shall apply for all tree-planting plans in conjunction with new subdivision plans with multiple lots submitted for a subdivision in R-l Zone and CO Zones.  Two (2)  trees shall be planted on each lot for every five thousand (5,000) square feet of lot area or fraction thereof.  The tree(s) required to be planted on each lot may be planted on the lot or on the public rights-of-way in front of each lot.  Any tree planted relative to the requirements contained herein shall not be less than two (2) inches in diameter as measured 12 inches above the ground when planted.
PENALTIES:
Any person, firm, organization who violates any of the provisions hereof shall, upon conviction, be guilty of a Class B Misdemeanor In accordance with the Kentucky Revised Statutes.  Each day of continuous violation with any of the provisions contained herein shall be considered a separate offense and shall be punishable accordingly.  Furthermore, any repeated violation of any provision of Section 9.28 of this Ordinance by any person, firm, organization or corporation shall be grounds for the revocation or suspension by the Building Inspector of any permit for the grading, construction, remodeling or demolitions of any site, building or structure on a site so Involved.  Upon the revocation or suspension, the person, firm, organization or corporation shall not be granted any new permit for the site in question for a period of one (1) year from the date of said revocation or suspension.
(Am. Ord. O-2020-006, passed 3-10-2020)