A. With respect to any parcel in the Village, it shall be unlawful for any person to cause or permit any removal of protected woodland on such parcel to such an extent as to result in a net, aggregate loss of more than twenty percent (20%) of the area of such parcel's protected woodland.
B. When a parcel is subdivided after January 1, 2018, the Village Ecologist shall issue a woodland delineation parcel map for each resulting lot (based on the woodland delineation parcel map for the original parcel) and shall notate on the maps the extent of removal of protected woodland on each parcel that occurred before the subdivision.
1. The area of protected woodland allowed to be removed from the subdivided parcels, in the aggregate, shall be the same area as could have been removed immediately before the subdivision occurred (the "woodland removal allowance"). The subdivision plat shall contain a restriction allocating the woodland removal allowance among the parcels. This plat restriction shall take precedence over the twenty percent (20%) restriction set forth in subsection A of this section.
2. It shall be unlawful for any person to cause or permit any removal of protected woodland on any subdivided parcel in violation of the applicable plat restriction.
C. Notwithstanding any provision to the contrary in this chapter, for a parcel that has never been improved with a residence (including a parcel that results from a subdivision), no tree mitigation fee shall apply to the removal of native trees located within the area of any protected woodland that is removed in accordance with the provisions of this chapter.
D. An owner shall be allowed to apply for a variation under chapter 11 of this title to remove up to five percent (5%) of protected woodland above the amount of protected woodland that could otherwise be removed on such owner's parcel under this chapter, because of special or peculiar characteristics of the owner's parcel that make compliance with this chapter difficult or impossible. The woodland removal restrictions applicable to any parcel shall not be varied more than once. (Ord. 18-03-05, 3-6-2018)