[R.O. 2009 §156.110; Ord. No. 01-156, 7-19-2001; Ord. No. 03-98, 5-13-2003]
Purpose And Intent. The purpose and intent of this Article is to conserve and protect trees within the City and to prevent their unnecessary destruction.
This Article shall be applicable to all properties within the City. It shall be unlawful for any person to remove any tree (except as permitted below) or to commence any grading, earth-moving, changing of elevation of property without first having applied for and received a permit in accordance with the provisions of this Section.
A permit shall be required for all grading, earth-moving, changing of elevation of property or removal of fifty percent (50%) or more of live trees ten (10) inches or greater in diameter breast height (DBH); provided however, that no such permit shall be required for any parcel less than one (1) acre in size or incidental to construction on a parcel of land one (1) acre or more in size for the purpose of constructing a single-family home, accessory structure or private drive.
The requirements contained in a development plan, previously approved by the City including established drainage design, tree planting and preservation requirements and all other landscaping requirements, shall continue in perpetuity or until an amendment is duly authorized.
[R.O. 2009 §156.111; Ord. No. 01-156, 7-19-2001; Ord. No. 03-98, 5-13-2003]
Development Plan Required. Prior to the issuance of a permit for grading and/or tree removal, except as indicated in Section 400.630(B), an applicant must submit a development plan to the Planning and Zoning Commission for all developments located outside the historic districts or to the Historic Landmarks Preservation and Architectural Review Board for all developments located within the historic districts and the extended historic district with a written statement of the proposed work to be accomplished and a site plan which shall include:
Location of trees. Site plans for a development must provide the species, size at diameter breast height and location of existing trees with a DBH of ten (10) inches or greater within an area to be disturbed by construction. Such trees are to be designated according to whether they are to be preserved or removed.
The nature and extent of the proposed grading, earth-moving or change in elevation. The grading plan shall include existing and proposed contours at two (2) foot intervals and a drainage design plan complete with calculations supporting the design.
Tree protection measures consistent with the requirements of this Article.
The number, species, size (DBH) and location of additional trees that will be planted on the site.
Replacement requirements for all developments. Except for fifty percent (50%) of the existing trees which may be removed without a permit, any tree ten (10) inches DBH or larger removed from an approved development shall be replaced at a ratio equal to the number of inches contained in the diameter of the tree removed. The minimum size of a replacement tree is two and one-half (2½) inches DBH. If the carrying capacity of the site cannot accommodate the replanting of the required number of replacement trees on the subject tract, the owner shall be assessed fifty dollars ($50.00) for each inch of DBH which cannot be replaced. Such assessment shall be placed in the Tree Bank of the City.
Protection measures. All trees on public or private property that are designated for preservation shall be guarded by a four (4) foot high barrier that designates the enclosed area as a tree protection zone. This enclosure shall extend equal to the canopy area of the tree (at a minimum). No building materials, waste materials, excess dirt, construction debris, equipment or vehicles shall be allowed within this protection zone.
Appeal Process. Decisions under this Article may be appealed as follows:
Any dissatisfied party may appeal, in writing, to the Planning and Zoning Commission, any decision made by the Director of Community Development or other City Official or the Historic Landmarks Preservation and Architectural Review Board under the provisions of this Article within five (5) days of the decision being rendered, specifying the grounds on which the appeal is made.
Any dissatisfied party may appeal the decision of the Planning and Zoning Commission to the City Council within five (5) days of the decision being rendered.
[R.O. 2009 §156.112; Ord. No. 03-98, 5-13-2003]
There is hereby created and established a City Tree Board for the City, which shall operate as a function of the existing Planning and Zoning Commission.
Powers And Duties.
It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update annually and administer written plans (annual long range) for the care, replacement, maintenance and removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall constitute the official comprehensive community forest plan for the City.
The Tree Board shall consider all existing and future utility, public works and environmental factors when recommending improvement for each street, park and other public lands of the municipality.
The Tree Board, when requested by the City Council, shall investigate, make finding, report and recommend upon any special matter or questions relating to trees.