(a) Tree Preservation. All trees with a dbh of six (6) inches or more shall be maintained and preserved as part of all existing or proposed non-residential development unless the removal of the trees is approved by the Planning and Zoning Commission. In new development or redevelopment, the location of all driveways, off-street parking and loading areas, and all other improvements, including grading, shall be designed to avoid the destruction of any such existing tree defined herein. Trees may be removed without tree replacement requirements under the following conditions:
(1) An existing tree will be located within a public right-of-way or easement.
(2) An existing tree is located within the area to be covered by a proposed structure or within twelve (12) feet from the perimeter of such structure(s) and such structure(s) cannot be located in a manner to avoid removal of an existing tree at the same time permitting desirable, logical and appropriate development of the lot.
(3) An existing tree will be located within a proposed driveway, off-street parking area or other improvement and relocation of such improvement would not permit desirable, logical, and appropriate development of the lot.
(4) An existing tree is damaged or diseased.
(5) The tree is an undesirable species.
(b) Tree Replacement. The replacement of trees shall be as follows:
(1) Trees with a dbh between 6 inches and 12 inches shall be replaced on a one (1) inch for one (1) replacement basis.
(2) Trees with a dbh greater than 12 inches but less than 24 inches shall be replaced on a two (2) inch for one (1) replacement basis.
(3) Trees with a dbh of 24 inches or greater shall be replaced on a three (3) inch for one (1) inch replacement basis.
(4) The type of replacement tree must be approved by the Zoning Inspector prior to planting. The total number of tree replacement inches is a separate requirement from other planting requirements, including but not limited to, perimeter, interior, street trees, and additional site plantings.
(5) Payment in Lieu of Tree Replacement. The Planning and Zoning Commission can authorize payment in lieu of tree replacement if the replacement of trees on the site would interfere with the development or make the site overcrowded. Payment will be placed in a dedicated Tree Fund, such funds being used to pay for new trees in other areas of the Village of Obetz. The replacement value of the trees will be calculated on a caliper basis and will be included on the fee schedule adopted by Council.
(6) Tree Removal Permit Required. In all non-single family residential zoning districts, a Tree Removal Permit must be obtained from the Zoning Administrator prior to the removal of any tree with a dbh of 6" or greater. A Tree Removal Permit shall be required when developing all new residential subdivisions.
(c) Significant Trees. All significant trees, as determined by the Village of Obetz, shall be protected and preserved to ensure that the value provided to Obetz and its citizens by the cultural, historical, biological, or horticultural significance of any tree, is continued into the future.
(d) Wooded Areas. Streets, lots, structures and parking areas shall be laid out to avoid the unnecessary destruction of heavily wooded areas. If heavily wooded areas are destroyed, trees shall be replaced pursuant to the Tree Replacement Provisions included in this Chapter.
(Ord. 42-16. Passed 6-13-16.)