(A) (1) For purposes of achieving the objectives outlined in § 153.251, the town shall require all non- residential developments or residential subdivisions in excess of one acre, approved and/or developed after the effective date of this chapter, to provide for the preservation or replacement of regulated trees on the subject site. The following minimum standards shall be applied in determining the required extent of tree preservation or replacement.
(a) The total number of regulated trees to be retained should be at least 15 trees per acre.
(b) If there are less than 15 regulated trees per acre on the site, then the difference shall be replaced with new or existing smaller trees, to a total of 15 trees per acre equaling at least two caliper inches per tree planted or retained.
(c) If there are no regulated trees on the site, then at least 15 new or existing trees per acre equaling at least two caliper inches per tree shall be planted or retained.
(d) In the event a developer clear cuts a lot or tract and has failed to provide a site plan to the permit-issuing authority in accordance with division (B) below, he or she shall be required to plant 23 trees per acre, each with a minimum caliper of two inches.
(e) A developer shall be eligible for a waiver of the 15 trees per acre standard if he or she retains at least ten regulated trees per acre.
(2) Regulated trees that are retained may be used to fulfill some of the planting requirements of street yard, parking facilities or screening; provided they are not damaged by construction activities or the intended use of the property.
(B) All non-residential developments shall be required to submit to the permit-issuing authority a site plan as part of the development approval process. In the case of developments involving major non- residential subdivisions, the site plan shall be submitted as part of the general plan. Said site plan shall include the following information:
(1) Name, address and telephone number of the owner of the site; address of development site; name, address and telephone number of the applicant if contractor or agent of the property owner;
(2) If required, site plan showing existing site conditions and location of trees to be removed;
(3) The dimensions of the parcel to be developed, together with the existing and/or proposed locations of structures and improvements, existing and/or proposed utility services, roadways, bikeways, walkways and parking areas;
(4) The location, caliper and species of all regulated trees to be retained, or new trees to be planted in accordance with the provisions of this subchapter; and
(C) No certificate of occupancy for any non-residential development shall be issued and no final plat approval for any residential subdivision in excess of one acre shall be granted until the property owner or developer has complied with the minimum standards set forth in division (A) above.
(D) If any new, retained or regulated tree shown on the approved site plan dies or is removed by the developer within one year after the issuance of the certificate of occupancy or the granting of final plat approval, it shall be replaced by planting a new tree having a minimum caliper of two inches. In residential subdivisions, replacement of dead trees within the established one-year period shall be the responsibility of the developer, regardless of whether or not the new, retained, or regulated trees are on public or private property. However, the planting of said replacement trees by the developer shall be restricted to those areas in the development reserved for usable open space, as detailed in §§ 153.160 through 153.166. In the event the property in a residential subdivision is sold and a subsequent owner removes a regulated or required tree or said tree dies, the developer who initially planted said tree shall not be required to replace said tree.
(E) The retention or protection of regulated trees unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer. In said cases, the Zoning Administrator may permit deviations from the presumptive requirements of division (A)(1) above.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)