(A) General. Existing features that would add value to the type of intended development or to the town as a whole, such as trees, as herein defined, watercourses and falls, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision, nor any change of grade of the land affected until primary approval of the preliminary plat has been granted. All trees on the plat that are required to be retained shall be preserved, and all trees, where required, shall be welled and protected against change of grade. The sketch plan shall show the number and location of existing trees, as required by these regulations. It shall further indicate all those marked for retention, and the location of all proposed shade trees required along the street side(s) of each lot as required by these regulations.
(B) Shade trees planted by developer.
(1) As a requirement for subdivision secondary approval, the applicant shall plant trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the street or streets within and abutting the subdivision, or at the discretion of the Commission and the County Engineer within the right-of-way of such streets. One tree shall be planted for every 40 feet of frontage along each street unless the Commission shall grant a waiver. Such waiver shall be granted only if there are existing trees growing along such a right-of-way or on the abutting property which, in the opinion of the Commission, comply with these regulations.
(2) New trees to be provided pursuant to these regulations shall be approved by the Commission and shall be planted according to regulations set out by the Commission. Such trees shall have a minimum trunk diameter (measured 12 inches above ground level) of not less than two inches. Only Oak, Little Leaf Linden, Sweet Gum, Hard Maple and Mountain Ash, or other long-lived shade trees acceptable to the Commission, shall be planted.
(2004 Code, § 4-421)