A. Minimum diameter of new trees. Every replacement tree and every enhancement tree shall have a caliper of at least three (3) inches.
B. Standard number of trees required.
1. Subject to the exceptions and limitations set out in subsection C of this section, the standard number of replacement trees required under this chapter shall equal or exceed the number that results when the sum of the DBH of all removed protected trees is divided by the minimum new tree diameter established in this section.
C. Exceptions to standard number of replacement trees. The standard number of replacement trees required pursuant to this section may be adjusted as provided in the following paragraphs.
1. If the trees replace trees that were removed pursuant to Section 15.28.050 (A) of this chapter and the Director determines that full replacement with the number of trees required pursuant to subsection B of this section would result in the unreasonable crowding of trees upon the property, the Director may reduce the number of required replacement trees.
2. If tree replacement is required pursuant to paragraph 1 of Section 15.28.050 (B) of this chapter and the Director determines that full replacement with the number of trees required pursuant to subsection B of this section would result in the unreasonable crowding of trees upon the property, the Director shall have the authority and discretion to require any of such excess replacement trees to be planted as an enhancement tree in any identified tree void located on the public parkway or sidewalk area within 250 feet of the property, and to reduce the number of replacement trees required to be planted on the property. Notwithstanding the foregoing, the Director shall have no authority to reduce the amount of the tree deposit required under subsection E of this section, and the amount of said tree deposit shall be based on the standard number of replacement trees, without considering the reduction permitted under this paragraph.
3. If tree replacement is required pursuant to paragraph 2 or 3 of Section 15.28.050 (B) of this chapter, the number of replacement trees required shall be twice the standard number of replacement trees required by subsection B of this section; provided that, if the Director determines that full replacement would result in the unreasonable crowding of trees upon the property, the Director may reduce the number of required replacement trees. Notwithstanding the foregoing, the Director shall have no authority to reduce the amount of the tree deposit required under subsection E of this section, and the amount of said tree deposit shall be based on twice the standard number of replacement trees, without considering any reduction permitted under this paragraph.
D. Location and variety of trees. The location and variety of replacement trees and enhancement trees required pursuant to this chapter shall be subject to the review and approval of the Director so as to further the objectives of this section.
E. Tree deposit.
1. Deposit required. If tree replacement or tree enhancement is required pursuant to this chapter, the property owner shall pay a deposit to the Village in an amount set from time to time by resolution of the Village Council. The deposit shall be paid prior to tree removal, or within 15 calendar days of an unauthorized tree removal.
2. Deposit refund. Upon determining that the number of replacement trees or enhancement trees required under this section have been planted, the Director shall refund the tree deposit; provided that, for tree replacements pursuant to Section 15.28.050 (C) of this chapter, the amount of the refund shall be limited to that portion of the tree deposit that pertains to the number of trees that were actually planted, including trees planted to fill a tree void on the public parkway or sidewalk area, and the balance remaining shall be retained as provided in the following paragraph.
3. Deposit retention. Any deposit monies that are not refunded, including any deposit balances that are retained as required by the preceding paragraph, shall be transferred to the Village's general fund and credited to the Department of Public Works capital account for forestry expenditures as a fee in lieu of replacement.
(MC-5-2006, Amended, 12/19/2006; MC-4-2005, Amended, 09/06/2005)