Trees planted pursuant to an approved Tree Replacement Plan shall be subject to the following criteria:
(a) Replacement trees that may reach a height of thirty (30) feet tall shall not be planted within twenty (20) feet of an overhead power line.
(b) Trees shall be planted an adequate distance from access drives and intersections so that, at full maturity, such planting shall comply with Section 1363.302.6 to ensure the unobstructed visibility of motorists and pedestrians.
(c) The owner shall be required to maintain all replacement trees for two (2) years after the trees are planted and to replace any tree that dies within such two-year guarantee period, according to the following:
(1) Upon completion of the tree planting, the landscape owner shall contact the Director of Economic and Community Development to initiate the guarantee period.
(2) The guarantee period shall begin after the approval of the Director of Economic and Community Development, (or designee).
(3) A final inspection shall be made at the end of the two-year guarantee period. All trees not exhibiting a health and vigorous growing condition, as determined by an inspection by the City's Arborist, shall be replaced at the expenses of the owner.
A. The owner shall notify the Department of Economic and Community Development within five (5) business days of the end of the guarantee period to schedule the final inspection.
B. If the City Arborist determines that replacement of a tree is required, such replacement shall occur within thirty (30) days of the date that the City's inspection report is submitted to the owner. The two- year guarantee period shall begin anew for each replacement tree.
(d) Preserved or replacement trees shall not subsequently be removed from a site unless approved pursuant to this Chapter.
(e) Where applicable, the City may require the original owner ofany property on which trees have been preserved or replaced according to the requirements of this Chapter to add a restrictive covenant, prepared at the cost of owner, to the deed that shall inform subsequent purchasers, lessees, or occupants of the site that trees shall not subsequently be removed from a site except when approved pursuant this Chapter.
(f) Failure to replace major trees as required by this Chapter within one (1) year of the approval of the Tree Replacement Plan shall be punishable as a misdemeanor pursuant to Section 950.99 for each separate failure to replace a tree.
(Ord. 2024-19. Passed 4-16-24.)