(a) Tree Replanting.
(1) All existing trees ten (10) inches DBH or greater in size shall be replaced at a rate of one (1) inch caliper for every two (2) inches caliper removed, except as provided in subsection (a)(2) below.
(2) The following trees shall be exempted from required planting:
A. Trees within future public rights-of-way or private accessways;
B. Trees within the building footprint of proposed structures or within fifteen (15) feet from the perimeter of such structures;
C. Trees that are damaged, diseased, over-mature, interfere with utility lines, or are an inappropriate or undesirable species for that specific location;
D. Trees removed for a stormwater retention pond or detention basin;
E. Trees within five (5) feet of hard-surfaced parking areas, driveways, or walkways;
F. Trees that pose potential danger to life or property;
G. Trees removed for necessary utility installations or are within utility easements;
H. For individual single-family lots, all trees within the front and side yards.
(3) Each replanted tree shall be a minimum two (2) inch caliper and must be a species that appears on the City's Tree List or is deemed by the Zoning Administrator (or his/her designee) to be an acceptable species for the location.
(4) Nothing prevents caliper inches planted to comply with the requirements of Section 1148.03 or Section 1148.04 from counting toward any tree replacements required by this section. The applicant shall be responsible for calculating how tree replacements are to be fully or partially compensated by required plantings.
(b) Documentation.
(1) General Requirements.
A. Existing trees with a DBH of ten (10) inches or greater shall be labeled on the applicable required site plan as either "To Be Removed" or "To Be Saved." Trees smaller than ten (10) inches DBH to be preserved and counted toward the site tree planting requirements of Section 1148.04 shall also be labeled.
B. Those trees that are labeled "To Be Saved" shall be protected from construction equipment through methods as depicted on the Tree Protection Detail in Attachment H or through means found acceptable to the Zoning Administrator or designee.
C. Clearing limits are to be marked and fenced off in the field according to such plans before construction or clearing can begin.
(2) Tree Survey.
A. A tree survey shall be required for nonresidential and multi-family developments, as well as all Major Subdivisions.
B. The tree survey shall document the location, DBH, and species for each individual tree, except as provided in subsection (b)(2)C. below. The Zoning Administrator may, at his/her discretion, accept estimations of these details for heavily wooded areas or sites over one (1) acre. In considering estimates, the Zoning Administrator may allow the use of techniques such as site photographs, aerial photographs, site visits, or survey sampling.
C. The tree survey need not account for the following areas:
2. For developments that are not Major Subdivisions: Areas of the development property more than one hundred (100) feet away from the nearest proposed structure/improvement that in the judgment of the Zoning Administrator are a reasonably safe distance away from the area to be impacted/disturbed by construction activities; and
3. For Major Subdivisions: Areas that are delineated on the applicable site plan and proposed to be legally protected in perpetuity. The burden shall be on the applicant to demonstrate how trees within such identified areas are to be permanently preserved, excepting removal of dead or invasive vegetation which shall be allowed in all instances. One or more of the following methods shall be utilized:
a. A duly executed and recorded conservation easement to be held by a qualified organization approved by the City; or
b. A set of covenants and restrictions corresponding to a conservation area clearly delineated on the record plat, or delineated and described through means of a separate legal instrument.
D. Any area designated for conservation pursuant to Section 1148.05(b)(2)C.3. above that is disturbed in a manner contrary to the agreed upon restrictions shall be subject to the surveying and replanting requirements of this chapter. In such cases, the applicant shall compensate the City for the loss of protected trees either by replanting as applicable and/or paying in-lieu fees in accordance with Section 1148.06 below.
(Ord. 3558. Passed 5-5-20.)