The following process for preserving significant trees shall be required for subdivisions:
A. Preserve Healthy Trees: Subdividers and home builders on custom graded lots are encouraged to preserve all healthy trees of significant value even if the trees are less than six inches (6") in diameter.
B. Subdividers:
1. Subdividers shall:
a. Prepare a tree preservation plan which shall be incorporated on the grading plan.
b. Ensure the tree preservation plan is followed during the plan development (mass grading).
c. Submit a five hundred dollar ($500.00) security for the preparation of individual lot tree preservation plans for each mass graded lot with at least one significant tree to be saved and for each custom graded lot with at least one significant tree. The security will be included in the development contract.
2. The tree preservation plan must be certified by a forester or landscape architect indicating on the plan the following items:
a. Mass graded areas.
b. Custom graded lots approved as part of the overall grading and drainage plans.
c. Size, species, and location of all significant trees within the construction areas impacted by grading.
d. Identification of all significant trees proposed to be saved and significant trees proposed to be removed.
e. Measures proposed to protect significant trees shall include, but are not limited to:
(1) Installation of snow fencing or polyethylene laminar safety netting at the drip line.
(2) Placing fill against the trunk of the tree, on the root crown, and under the drip line of the tree shall be prohibited.
(3) Installation of erosion control measures.
(4) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints.
(5) Pruning of oak trees must not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators must have a nontoxic tree wound dressing with them on the development site.
3. During preliminary plat review, the tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. If two (2) or more trees are preserved on each lot (preferably the front yard of the lot), the landscape plan requirements of two (2) 2-inch caliper trees is waived.
4. The subdivider shall provide a financial guarantee as part of the development contract to ensure protection of all significant trees which were to have been saved but were actually destroyed or damaged. The subdivider shall provide a financial security for each mass graded lot with at least one significant tree to be saved and a financial security for each custom graded lot with at least one significant tree as part of the development contract to ensure tree protection. The financial security, generally one thousand dollars ($1,000.00) per lot, will be determined by the Zoning Administrator based on the number and size of trees to be saved. The security will be included in the erosion control section of the development contract.
5. After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall:
a. Certify in writing to the City the tree preservation plan was followed.
b. Certify in writing to the City the tree protection measures were installed.
c. Indicate which significant trees proposed to be saved have been destroyed or damaged.
6. If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the tree replacement policy will be enforced by the City in accordance with subsection D of this section.
7. The financial security will be released upon:
a. Certification in writing by the forester or landscape architect indicating that tree protection measures were installed on mass graded lots and tree replacement is completed; and/or
b. The builders have posted security for the custom graded lots. The location of the trees being replaced will be determined on the individual lot tree preservation plan.
8. Tree preservation measures shall require written approval from the City Engineer prior to removal and shall not be removed from the site until the City Engineer has approved the grading as built plans for a mass graded site nor prior to the release of financial securities held by the City.
C. Home Builders On Custom Graded Lots:
1. The City will require an individual lot tree preservation plan prepared and incorporated on the required site survey for each custom graded lot with at least one significant tree. The plan shall be consistent with the original tree preservation plan for the plat. The homeowner, builder and the forest or landscape architect shall meet prior to the development of the individual lot tree preservation plan to determine the placement of the home where the fewest significant trees would be destroyed or damaged. The builder will be responsible for ensuring the tree preservation plan is followed during building construction. On mass graded lots with at least one significant tree to be saved, builders are required to follow the tree preservation plan for the plat.
2. The individual lot tree preservation plan must be certified by a forester or landscape architect and signed by the homeowner in accordance with the provisions outlined in subsection B2 of this section.
3. Home builders will be required to furnish the following items for tree preservation at the time the building permit application is submitted for all lots with at least one significant tree:
a. Security of one thousand dollars ($1,000.00) per lot per tree for protection requirements.
b. Certification from a forester or landscape architect indicating tree protection measures are installed.
c. Builders are liable for subcontractors which destroy or damage significant trees which were indicated to be saved on the individual lot tree preservation plan.
4. Building inspectors will monitor the tree protection measures at the time of routine inspections.
5. Prior to the issuance of a certificate of occupancy and release of tree preservation security, the forester or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, is necessary.
D. Tree Replacement Policy:
1. Subdividers and builders shall be required to replace the significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with two (2) replacement trees. Replacement trees must consist of nursery stock and be no less than the following sizes:
a. Deciduous trees: No less than two inches (2") in diameter.
b. Coniferous trees: No less than six feet (6') high.
2. Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following table:
Common Name | Scientific Name | |
Common Name | Scientific Name | |
Deciduous trees: | ||
Birch | ||
Ginkgo (male only) | ||
Green ash | ||
Hackberry | ||
Honey locust | ||
Kentucky coffee tree | ||
Linden (Basswood) | ||
Maple | ||
Oak | ||
Coniferous trees: | ||
Austrian pine | Pinus nigra | |
Black Hills spruce | Picea abies | |
Colorado blue and green spruce | Picea pungens | |
Fir | Abie (all varieties)/pseudotsuga | |
White pine | Pinus strobus | |
3. Replacement trees shall not be placed on easements or street rights-of-way. If tree replacement is required on the individual lot because the builder destroyed or damaged a tree which was to be saved, the forester or landscape architect shall determine where the replacement trees shall be installed. (Ord. 2019-06, 2-25-2019)