The disturbance of any landscaped area or vegetation required by this Article shall constitute a violation of the site or master plan. All disturbed landscaped areas and vegetation shall be replanted to meet the standards of this Article as well as the approved site or master plan.
Where the vegetation that has been disturbed or damaged existed on the site at the time the development was approved, all replacement vegetation shall meet the standards set forth in this Article taking into account any unique site conditions and significant vegetation remaining within the landscaped area. Trees or vegetation that die within one year of construction completion shall be removed and replaced with new vegetation of equal or greater size.
Existing vegetation required to be preserved that has been damaged or destroyed during the course of development activity shall be subject to civil penalty and replaced in accordance with the requirements of this Article. Civil penalty - a base fine of $2 for every square foot area of vegetation damaged or destroyed, not to exceed $30,000. Refer to Article 6.
A revegetation plan shall be submitted that takes into consideration the development condition of the site, significant vegetation remaining within landscaped areas, and the replacement plant materials. The town may require equal amounts of new vegetation to be installed equal to the size of the vegetation removed. Replacement consists of one or a combination of any of the following measures.
10.15.1 Replant according to the requirements of this article. A replanting plan denoting the proposed installation shall be submitted to the town for approval. The UDO Administrator may elect to present the replanting plan to the Planning Board for final approval.
10.15.2 Replace damaged or destroyed significant vegetation in both perimeter and/or interior landscaped areas with an equal amount of new vegetation according to the size of vegetation removed. Any tree with a caliper of at least eight inches that is damaged or removed shall be replaced with one or more trees that have a caliper of at least two and one-half inches and a cumulative caliper equal to or greater than the original tree. Trees damaged or destroyed less than eight inches in diameter shall be replaced to satisfy the performance criteria of this Article. Understory plantings may also be required to restore the buffer performance criteria for the disturbed area. A revegetation plan denoting the proposed installation shall be submitted to the town for approval. The UDO Administrator may elect to present the revegetation plan to the Planning Board for final approval. This requirement may be modified by the UDO Administrator based upon site conditions.
10.15.3 For all other cases where existing vegetation is damaged or removed, the type and amount of replacement vegetation required shall be of the type and amount that is necessary to provide the type of landscaping required under this Article or interior preservation area identified on the landscape plan.
(Ord. passed 2-3-2021)