Item 1B Tree Preservation Ordinance

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DIVISION 3. PROTECTION OF WOODLANDS Page 4 of6 spillage of toxic materials, such as fuels or paints. (4) Removal of any diseased oak or elm trees located in areas to be preserved. (k) Additional protective measures. The following tree protection measures are suggested to protect significant trees that are intended to be preserved according to the submitted tree preservation plan, and may be required by the city: (1) Installation of retaining walls or tree wells to preserve trees. (2) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (3) Use of tree root aeration, fertilization, and/or irrigation systems. (4) Therapeutic pruning. (I) Incentives. As an incentive to protect contiguous wooded areas, the city will allow the following: (1) Density transfer. Density of units that would be allowed in a protected wooded area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected wooded area must be dedicated to the city. (2) Unit bonus. For each acre of wooded area preserved and dedicated to the city over and above the normal ten percent parkland dedication, the developer will be allowed an additional unit above the original unit allocation. (3) Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area dedicated to the city over and above the normal ten percent parkland dedication, the developer will be allowed an additional unit above the original unit allocation. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be useable upland (not wetlands, ponds, or utility easements, etc.). The city council will retain the discretionary right to determine whether or not it will accept the property proposed to be dedicated for a tree bank. (m) Compliance with the plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the city. (1) No significant trees shall be removed until a tree preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s), intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the city. (2) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. (n) Specimen trees. Removal of any specimen tree shall require a special permit in addition to the other requirements in section 27-29. (Ord. No. 1759, ~ 1759.02, 1-12-2005) http://libral}'4.rnunicode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007