Ord_1606 PASSED (edited for Indoor Entertainment)

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1. In conjunction with platting, re-platting, or any lot division that requires a tree preservation plan, 3844 the approved plan shall dictate tree preservation requirements on all new lots until such time as 3845 the lots have been developed for their intended purpose. 3846 a. Inventoried trees within right-of-way(s) or easement(s) that are being used for the installation 3847 of public streets, utilities, or storm water ponding areas may be removed without required 3848 replacement. 3849 b. Of all remaining inventoried trees not exempt per Section 1011.04(I)(1)(a) above, up to 15% 3850 of the total DBH-inches of all Heritage trees, up to 35% of the total DBH-inches of all 3851 Significant trees, and up to 35% of the total DBH-inches of all Common trees may be 3852 removed without tree replacement or restitution subject to the incentive multipliers listed in 3853 Section 1011.04(F); 3854 c. The required final planting plan shall identify the final allowed tree removal for each lot 3855 within the proposed development. 3856 2. Properties that are subject to the Tree Preservation requirements of Section 1011.04 due to a 3857 requested building permit, demolition permit, or grading permit shall determine allowable 3858 removal based on the following: 3859 a. If a tree preservation plan set was previously approved for the site within two (2) years of the 3860 application date and the proposed activity is in substantial conformance with the approved 3861 plan as determined by the Community Development Department, then the approved plan set 3862 shall dictate allowed removals on the lot. 3863 b. If a tree preservation plan was previously approved for the site within two (2) years of the 3864 application date, but the proposed activity was not authorized by the approved plan as 3865 determined by the Community Development Department, then the approved plan shall be 3866 updated. 3867 i. The updated plan set shall be administratively reviewed and finalized in conjunction with 3868 the triggering permit application; 3869 ii. Additional tree replacement, if deemed necessary, shall become a condition of approval 3870 for the application being requested. 3871 iii. The City shall not be responsible to reimburse any party for replanting which has already 3872 occurred if the updated plan preserves more trees than initially anticipated. 3873 c. If the subject lot is not party to a previously approved tree preservation plan set, then a new 3874 tree preservation plan in conformance with Section 1011.04(F) (G) or (H) shall be submitted, 3875 administratively reviewed, and finalized in conjunction with the triggering permit application. 3876 J. Replacement Tree Specifications 3877 1. The minimum size for Deciduous replacement trees shall be 3-inch caliper, with each caliper inch 3878 counting towards one (1) diameter breast height inch required for replacement. 3879 2. The minimum height for Coniferous replacement trees shall be six (6) feet with credits for each 3880 replacement tree being in accordance with the following table: 3881