(A) Existing vegetation on all development sites should be preserved to the greatest extent possible and incorporated in the project landscape plan in order to promote the preservation of existing natural areas. A land improvement permit issued by the Town Manager or his/her designee is required prior to the alteration or improvement of any commercial or residential (excluding single-family) development site. The permit application must include a
identifying the location of temporary tree protection zones (TPZ) to protect trees and their roots during construction. Temporary protection fences shall be erected and encroachment prohibited in the TPZ area. For the purpose of achieving the objectives outlined in § 152.525 and § 152.538, all new commercial or residential developments shall provide for the preservation or replacement of regulated trees using the following minimum standards:
(1) The total number of regulated trees to be retained should be at least 15 trees per acre (less impervious surface area (ex. parking, building)).
(2) If there are less than 15 regulated trees per acre on the site, then the difference shall be replaced with new trees, to a total of 15 trees per acre equaling at least three caliper inches per tree planted or retained.
(3) If there are no regulated trees on the site, then at least 15 new or existing trees per acre (less impervious surface area) equaling at least three caliper inches per tree shall be planted or retained.
(4) In the event a developer clear-cuts a lot or tract and has failed to provide a
to the Planning and Code Enforcement office, the developer shall be required to plant 23 trees per acre (less impervious surface area), each with a minimum caliper of three inches, and is responsible for paying a penalty fee as established by the town’s schedule of fees. The money collected shall be deposited into the Stormwater Enterprise Fund to aid in stormwater compliance, drainage problem identification and prioritization and proactive maintenance of town owned and operated drainage facilities.
(5) Regulated trees that are retained may be used to fulfill some of the planting requirements of street yard, parking facilities, or buffering, provided they are not damaged by construction activities or the intended use of the property.
(Ord. 2005-O3, passed 3-15-2005; (Am. Ord. 2005-O8, passed 7-19-2005; Am. Ord. 2013-O15, passed 7-16-2013; Am. Ord. 2021-O4, passed 6-28-2021)