Section 102-41. Protection of trees and vegetative buffers.
(a) Development size thresholds.
(1) All single-family, multi-family, subdivision or nonresidential development, regardless of the size of the lot or parcel of land being developed, shall be subject to this division.
(2) All trees preserved on-site shall receive landscape credit as provided for by section 110-566 et seq. pertaining to landscaping.
(b) Preservation thresholds.
(1) Protected trees. Any tree, with the exception of the undesirable species listed in section 102-45, having a diameter (dbh) of three inches or greater shall be protected.
(2) Vegetative buffer areas. Where a vegetative buffer is required by section 110-566 et seq. pertaining to landscaping, any natural vegetation within the required buffer area pursuant to section 102-44, with the exception of the undesirable species listed in section 102-45, shall be preserved. This shall include preservation of the understory.
(c) Removal criteria.
(1) A protected tree, as specified in subsection (b) of this section, may only be approved for removal if one or more of the following criteria are met:
a. Where site design modifications, as determined by a preclearing inspection, are not feasible to allow the use permitted, as determined by the specific zoning of the property.
b. Where the trunk of a protected tree is located closer than five feet to the foundation of the proposed structure, and it is not feasible to relocate the structure.
c. Where the trunk of a protected tree is located closer than ten feet from the foundation of the proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasible to relocate the structure.
d. Where the location of the tree prevents the direct access to the property from a publicly dedicated and maintained roadway or where the tree constitutes a hazard to pedestrian or vehicular traffic which cannot be mitigated without removing the tree. Removal of the tree pursuant to this criterion shall be exempt from the replacement criteria in subsection (d) of this section.
e. Where the location of the tree prevents the construction of utility lines, drainage facilities, roadways or required parking areas which cannot be practically relocated or rerouted or where the trees cannot be utilized as part of these systems.
f. Where the tree is weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. Removal of a protected tree pursuant to this criterion shall be exempt from the replacement criteria in subsection (d) of this section.
g. The tree reduces the visibility of a nonresidential development more than 50 percent of the lineal footage of the lot along the roadway to which the project has primary frontage.
(2) There shall be no clearing, except hand clearing, within the dripline of any protected tree or other trees selected to be preserved for landscaping credit. Where no native vegetation exists within the dripline, pervious paving, bricking or any other material which does not restrict the health and growth of a protected or preserved tree may be utilized.
(3) The natural grade may not be altered within the projected dripline of the tree, except in accordance with the state division of forestry tree protection manual, pages 14--18, or comparable accepted protective measures.
(d) Replacement criteria. Where the removal of a protected tree meets any one or more of the criteria identified in subsection (c) of this section, the developer may choose one of the following options:
(1) The developer shall provide one or more native trees to replace the removed tree where the total dbh of the replacements is equal to 100 percent of the total dbh of the tree removed, provided that the height above soil level is at least ten feet. Replacement trees shall have a minimum of a dbh of three inches.
(2) The developer may relocate or transplant the protected tree elsewhere on the same lot or parcel of land or public land or private land within the city.
(3) On a heavily wooded lot, the developer may pay a fee set forth in appendix B to this code for the tree removed in lieu of replacement. The fee will be deposited into the city's environmental trust fund for the acquisition of environmentally sensitive lands and revegetation of public lands.
(4) No replacement is necessary if the removal is done pursuant to the criteria in subsection (c)(1)c., d., or f. of this section.
(e) Inspections.
(1) Predevelopment inspection. Prior to any clearing activity or preparation of a site development plan or subdivision plat, the area to be cleared, as shown on the required vegetation location survey, shall be staked and the property will be inspected to ensure the tree survey is accurate and the measures described in the application for land clearing permit, including but not limited to tree barricades, have been taken to protect all trees and vegetation.
(2) Inspection prior to certificate of occupancy or certificate of completion. Prior to issuance of a certificate of occupancy or certificate of completion, a site inspection will be conducted to ensure that no unauthorized clearing has taken place and to ensure that all protected trees and vegetation identified for preservation are in place and have been maintained in a viable condition.
(3) Followup inspection. A final site inspection may be conducted one year after the issuance of a certificate of occupancy for single-family, multiple-family and nonresidential developments to ensure that no unauthorized removal of protected trees and vegetation has occurred.
(4) Reinspection. If trees and vegetation were not in place or not in a viable condition at the followup inspection, a reinspection may be conducted within 90 days to ensure that the trees and vegetation were replaced.
(f) Relocation of trees. Where trees are proposed to be relocated for preservation purposes, a land clearing permit shall be required.