10.134 Replacement of Removed or Seriously Injured Trees amended

SEC. 51A-10.134.                  REPLACEMENT OF REMOVED OR SERIOUSLY INJURED TREES.

 

(a)        In general.  Except as provided in this section, if a tree removal application is approved, a building permit is issued, an unauthorized tree removal occurs, or when a tree is removed from a public right-of-way in conjunction with a private development, one or more healthy replacement trees must be planted in accordance with the requirements in this article.

 

            (b)        ExceptionTrees removed with a building permit for construction of a single family or duplex dwelling on a lot one acre or less in a residential district are not required to be replaced if the tree was located in the unrestricted zone on the tree removal property. Trees not in the unrestricted zone are subject to replacement.

 

                        (1)        For front and rear yards, the unrestricted zone does not include required setbacks or the area 15 feet from the property line, whichever is greater.

 

                        (2)        For side yards, the unrestricted zone does not include required setbacks or the area five feet from the property line, whichever is greater.

 

            (c)        Requirements.

                        (1)        Quantity

                                    (A)       Except as provided in this section, the minimum total caliper of replacement trees must equal or exceed the total classified diameter inches of the protected trees removed or seriously injured as listed below.

                                    (B)       Tree classification for mitigation:

                     

                                                (i)         Historic trees:              3:1      (Only City Council action, or the Director through Section 51A-10.140, will have the authorization to approve the removal of the 'Historic' tree.)

 

                                                (ii)        Significant:                  1.5:1    

 

                                                (iii)       Class 1:                       1:1        (In Primary Natural Areas)

 

                                                (iv)       Class 2:                       0.7:1

 

                                     (v)        Class 3:                       0.4:1

                       

                    (2)        Species

                                (A)       A replacement tree must be an approved tree determined by the director.

                                (B)       For a tree removal property, two acres in size or more, no one species of tree may constitute more than 35 percent of the replacement trees planted on the tree removal property.

                    (3)        Location. The replacement trees must be planted on the lot from which the protected tree was removed or seriously injured, except as otherwise allowed by Section 51A-10.135. Replacement trees may not be planted within a visibility triangle, a water course, in an area within 15 feet horizontally to the closest point of an overhead electric line, or an existing or proposed street or alley unless the tree is authorized by a license and permit and is required to be in that location by other ordinance.

                    (4)        Minimum size. A replacement tree must have a caliper of at least two inches.

               

                     (5)        Timing.

                                    (A)       Except as provided in this section, all replacement trees must be planted within 30 days of removal.

                                    (B)       If the property owner provides the building official with an affidavit stating that all replacement trees will be planted within six months, the building official may allow the replacement trees to be planted during that six-month period.

                                                (i)         If the property owner submits an application for a building permit for construction on the tree removal property within the six-month period, the tree replacement requirements may be transferred to the building permit for final completion of all tree replacement prior to a final certificate of occupancy or certificate of completion for the property.

                                                (ii)        If the property owner does not submit an application for a building permit for construction within the six-month period, all tree replacement must be completed within 30 days after the expiration of the six-month period.

                                    (C)       For residential subdivision developments and multi-phase commercial developments, tree replacement may be completed in accordance with a comprehensive tree replacement plan for the development. The building official may allow the property owner additional time to complete the development project to plant the replacement trees, with the following restrictions:

                                                (i)         A proposed landscape plan identifying all conceptual landscaping for the properties within the subdivision must be provided by a landscape architect and designed according to the soil and area requirements of this article. The proposed plan will specify the minimum tree size and general species distribution for the properties in accordance with this article. The tree replacement for the development identified on the proposed plan must be completed prior to the final certificate of occupancy or certificate of completion for the project.

                                                (ii)        All required tree replacement that is not scheduled by an approved design for the property under the comprehensive tree replacement plan must be completed within six months of issuance of the tree removal application or building permit for removing trees.



                        (6)        Forest stand delineation exceptions for old-field and undeveloped lots.  When an FSD, under Section 51A-10.132(b)(4)(B) is used to assess tree canopy coverage:

                                    (A)       except as provided in this paragraph, no mitigation is required for a tree stand when:

                                                (i)         at least 60 percent of the trees in the stand are Class 3, eastern red cedar, or unprotected species; and

                                                (ii)        the average tree diameters in the stand are less than 12 inches DBH.

                                    (B)       significant trees in a stand located on an old-field or undeveloped lots must be mitigated.

 

                    (7)        Additional requirements for forest stand delineation for properties five acres or greater with institutional uses or recreational uses. When an FSD under Section 51A-10.132(b)(5)(D) is used to assess tree canopy coverage:

                                (A)       the tree removal property must maintain or increase the tree canopy coverage for the property recorded in the most recent FSD; and

                                 (B)       significant trees that are included in the FSD tree canopy coverage must be replaced according to the diameter standards for significant trees in this article.

                                 (C)       A replacement tree that dies within five years of the date it was planted must be replaced by another replacement tree that complies with this section.

 

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