1175.14  MONARCH TREE PROTECTION.
   (a)   Purpose.  It is the purpose of this section to protect existing trees from destructive pruning practices and to preserve “Monarch Trees” as defined herein.  It is thereby further the purpose of this section to promote the public health, safety, and general welfare, to beautify and enhance improved and undeveloped land, to preserve and protect both the natural and historic amenities within the City, and to ensure that the destruction of Monarch Trees and the unauthorized pruning of other trees within the City of Trotwood does not reduce property values.
   (b)   Removal of Monarch Trees Prohibited.
      (1)   No person, firm, organization, society, association or corporation, or any agent or representative thereof shall directly or indirectly destroy or remove any Monarch Tree, unless otherwise authorized under provisions of this section, in which case a permit from the City of Trotwood for such removal may be required.
      (2)   This section shall not restrict the ability of the City, public utilities, and electric suppliers from maintaining reasonable safe clearance around utility lines with full disclosure to the City of Trotwood and approval of a permit by the Zoning Administrator.  Within City easements and road rights-of- way, the Director of Public Works may authorize the pruning or removal of trees as necessary to maintain the easement and rights-of-way.
   (c)   Submission of Landscape Plans.  Where application for a building or zoning permit or any other construction activity is submitted to the City of Trotwood, a landscape plan in accordance with the requirements of Chapter 1175 of this Ordinance shall be submitted.  In addition, the following information with regard to Monarch Trees, shall also be submitted along with any other information required to be submitted with the application.
      (1)   A survey of Monarch Trees, if any; and
      (2)   Specifications for protection of Monarch Trees or other trees to be maintained during development.
   (d)   Exceptions/Appeals.
      (1)   In the event that any tree shall be determined to be in hazardous or dangerous condition so as to endanger the public health, safety, or welfare, and to require immediate removal without delay, written authorization shall be given by the Zoning Administrator and the tree removed, except where it is deemed that an emergency exists within a public road right-of-way, or public easements, the Director of Public Works may authorize the removal of trees as necessary to protect the public health and safety.
      (2)   During the period of an emergency, such as a tornado, hurricane, ice storm, flood, or any other act of nature, the requirements of this section may be waived by the Zoning Administrator  or Trotwood Tree Preservation Board.
      (3)   Any decision of the Zoning Administrator relative to the administration of the requirements of this section may be appealed to the Trotwood Tree Preservation Board.
      (4)   Commercial Timber Operations - Trees grown specifically for sale or harvest by commercial nurseries are exempt from the provisions of this section.
   (e)   Application and Scope.  Protection of Monarch Trees.  The destruction of any Monarch Tree is prohibited.  All Monarch Trees must be shown on subdivision plats.  Lots and roadways shall not be sited so as to place a Monarch Tree in a location that will require the removal of that tree for construction of a dwelling unit or road.
   (f)   Protective Barricades.  Protective barricades shall be placed around all Monarch trees located in development areas prior to the commencement of any work, and shall remain in place until development activities are complete or construction in accordance with standards set forth in this section commences.  The area within the protective barricade shall remain free of all building materials, dirt, or other construction materials, debris, vehicles, and development activities.  Barricades shall be erected at a minimum distance from the base of Monarch Trees.  Protective barricades shall be placed at a minimum distance equal to ten (10') feet from the base of a Monarch Tree, plus an additional one (1') foot for each additional one (1") inch DBH greater than ten (10") inches DBH or to drip line, whichever is greater.
   (g)   Passive Tree Protection.  Passive forms of tree protection may be utilized to delineate tree save areas which are remote from areas of land disturbance.  These areas must be completely surrounded with continuous rope or flagging (heavy mill, minimum two (2") inches wide).  All passive tree protection must be accompanied by “Keep Out” or “Tree Protection Area” signage.
   (h)   Encroachment.
      (1)   Construction within the protective barricade.  Changes in grade or construction of impervious surfaces or utilities within the required protective barricade shall be permitted subject to the following guidelines:  construction of impervious surfaces shall not be permitted within five (5') feet of the base of the Monarch Tree, unless special construction methods, including, but not limited to, tree feeders and porous paving materials are used and certified as acceptable by a reputable tree service, arborist, or other qualified organization.
      (2)   Roots outside barricade.  All roots outside of the protective barricade to be removed during the development shall be served clean and a two (2") inch layer of mulch be applied over the surface of exposed roots during development.
   (i)   Trenching.  The installation of utilities through a protective zone should occur by way of tunneling rather than trenching.  If roots must be cut, proper root pruning procedures must be employed.
   (j)   Remedial Procedures/Pruning. 
      (1)   Pruning.
         A.   Remedial site reclamation and tree care procedures shall be implemented when encroachment within protective zones either will cause damage or has caused damage to either the tree or the tree growing site, and the damage is repairable.  If encroachment is anticipated, or has happened, these practices should be employed as preemptive measures to improve survival.  The following practices shall be applied where appropriate.
            1.   Pruning specifications as provided by the National Arborist Association (NAA) in “Pruning Standards for Shade Trees” shall apply.  Any person or company representing themselves as pruners or nurserymen shall require a permit from the City of Trotwood and all pruning shall be performed to National Arborist Association standards.  All trees on City owned property or within City rights-of-way shall be pruned by pruners licensed by the City of Trotwood and shall prune according to National Arborist Association Standards.
      (2)   Fertilizer.  Fertilizer applications will enhance the vigor of trees stressed by site disturbances, thereby promoting root development.  Information regarding appropriate fertilizers and application rates may be obtained from the County Soil Conservation Office.
      (3)   Soil.
         A.   A tree’s ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site.
         B.   Wherever possible, the soil should be brought back to its natural grade.  Unnecessary fill, compaction, erosion sedimentation, concrete washout, and construction debris should be removed.  When machinery is required for site improvement, it is recommended that a “Bobcat” or similar lightweight, rubber tire vehicle be used so as to minimize soil compaction.
         C.   Compacted soil within the critical root zones of trees should be aerated.  This is best accomplished with a two (2") inch diameter auger.  Holes should be drilled to a depth of six (6") inches to twelve (12") inches, approximately two (2') to three (3') feet apart, and radiating outward from the tree’s trunk in a bicycle spoke configuration.  This aeration technique is also recommended for areas affected by minor fill or the sedimentation of erosion materials.
         D.   The air exchange, nutrient, and water-holding capabilities of soils can be improved with soil amendments.  This is best accomplished by back-filling holes from aeration, with mineral amendments such as perlite, vermiculite, isolate and the like.
         E.   A four (4") to six (6") inch layer of mulch material, such as pine straw, pine bark, or wood chips, spread within the critical root zones of trees on construction sites is extremely beneficial.  These benefits include:
            1.   Conservation of soil moisture.
            2.   Reduced rainfall runoff and erosion.
            3.   Reduced soil compaction from construction activities.
            4.   Reduced competition from grasses and weeds.
            5.   Increased soil fertility.
            6.   Improved soil structure.
            7.   Moderation of soil temperature, with a subsequent increase in root development activity.
   (k)   Tree Removal, Relocation and Replacement.
      (1)   Tree replacement required.  Removal of each Monarch Tree without approval of the City of Trotwood Preservation Board is a violation of this chapter and shall require replacement in caliper inches (American Nursery Stock Standard) equal to the number of inches DBH (Diameter of Tree measured at Breast Height) removed from the site.  For example, a twenty (20") inch tree removed could be replaced with ten (10) trees each of which is two (2") inches in diameter.  A minimum diameter of one and three- quarters (1 3/4") inches shall be allowed for replacement trees.
      (2)   Relocation of a Monarch Tree.  Relocation is accomplished by relocating the protected tree on land under the same ownership which is to be developed pursuant to the same development order.
      (3)   Replanting schedule standards.
         A.   To prevent a monoculture among plantings, the City shall require diversity in the plantings required.
         B.   Required number of tree types:
            1.   Five (5) to ten (10) trees.  Minimum two (2) types of trees to be planted.
            2.   Ten (10) to twenty (20) trees.  Minimum four (4) types of trees to be planted.
            3.   Twenty (20) to one hundred (100) trees.  Minimum five (5) types of trees to be planted.
            4.   Greater than one hundred (100) trees.  Minimum of seven (7) types of trees to be planted.
            5.   Fee in lieu of replacement trees.  In cases where replacement trees cannot be adequately accommodated on a site, the developer/owner shall, in lieu of planting the trees, pay a fee to the City of Trotwood, equal to the fair market cost of the installed trees that would be required on the site.  This money shall be put into a special account (“Tree Bank”) to be used solely for the beautification of public lands.  The Trotwood Preservation Board shall make a recommendation to City Council as to whether or not to accept the fee or require the onsite placement of the trees.  The Tree Preservation Board shall recommend and approve expenditures from the “Tree Bank”.
            6.   At least one (1) of the replacement trees shall be of the same species as the removed Monarch Tree.
            7.   If any of the replacement trees are damaged or diseased during the first two (2) years after planting, they shall be replaced.
               (Ord. 45-08. Passed 12-15-08.)