1359.13 PRESERVATION OF NATURAL FEATURES AND AMENITIES.
   (a)   General. Existing features which would add value to residential development or to the local government as a whole, such as trees, watercourses and falls, beaches, historic spots and similarly irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees, as required by these Regulations and shall further indicate all those marked for retention, and the location of all proposed shade trees required along the street side of each lot as required by these Regulations.
   (b)   Shade Trees Planted by Developer.
      (1)   As a requirement of subdivision approval the applicant shall plant shade trees on the property of the subdivision. Such trees are to be planted within five feet of the right of way of the road or roads within and abutting the subdivision, or, at the discretion of the Planning Commission, within the right of way of such roads. One tree shall be planted for every forty feet of frontage along each road unless the Planning Commission shall grant a waiver. Such waiver shall be granted only if there are trees growing along such right of way or on the abutting property which in the opinion of the Planning Commission comply with these Regulations.
      (2)   New trees to be provided pursuant to these Regulations shall be approved by the Vienna Tree and Beautification Commission and shall be planted in accordance with the regulations of the Vienna Tree and Beautification Commission.
         A.   Such trees shall have a minimum trunk diameter (measured twelve inches above ground level) of not less than two inches.
         B.   Only oak, honey locust, hard maples, ginkgo, or other long-lived shade trees, acceptable to the Vienna Tree and Beautification Commission and to the Planning Commission, shall be planted.
         C.   Shade Tree Easement and Dedication. The preliminary plat and final plat shall reserve an easement authorizing the local government to plant shade trees within five feet of the required right of way of the local government. No street shall be accepted for dedication until the Vienna Tree and Beautification Commission shall inform the Planning Commission and the governing body that compliance, where necessary, has been made with these Regulations.
            (Ord. 10-14. Passed 8-14-14.)