[R.O. 2011 § 400.630; R.O. 2009
§ 156.110; Ord. No. 01-156, 7-19-2001; Ord. No. 03-98, 5-13-2003]
A.
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.
B.
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.
1.
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.
2.
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. 2011 § 400.640; R.O. 2009
§ 156.111; Ord. No. 01-156, 7-19-2001; Ord. No. 03-98, 5-13-2003]
A.
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:
1.
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.
2.
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.
3.
Tree protection measures consistent
with the requirements of this Article.
4.
The number, species, size (DBH) and
location of additional trees that will be planted on the site.
5.
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 (2 1/2) 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.
6.
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.
B.
Appeal Process. Decisions under this Article
may be appealed as follows:
1.
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.
2.
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. 2011 § 400.650; R.O. 2009
§ 156.112; Ord. No. 03-98, 5-13-2003; Ord. No. 24-001, 1-2-2024]
The Parks Department is responsible for public trees located in City Parks. The Public Works Department is responsible for all other trees on City-owned property including Street Trees as defined in Chapter 225, Article I. Public Works is authorized to develop standards for arboricultural practices such as planting and pruning, tree care, removal, landscaping, contracting, and similar activities.
