§ 50-170. Tree protection generally.

(a)

Minimum tree coverage.

(1)

In connection with the new construction of any lot, each lot shall contain a minimum of one tree for every 2,500 square feet of lot area (rounded to the nearest whole number). If the lot contains an insufficient number of existing trees to meet this requirement, replacement trees shall be provided.

(2)

At the option of local government, cross sectional area may be used as replacement criteria in lieu of a designated tree size, provided the following conditions are met:

a.

The minimum tree requirements described in subsections (a)(1) and (2) of this section shall be maintained; and

b.

The total cross sectional area provided shall equal or exceed the sum of the cross sectional area of a replacement tree multiplied by the minimum number of replacement trees required.

(3)

Trees identified for removal shall be replaced with replacement stock, in the manner as determined by the local government.

(b)

Specimen tree protection.

(1)

A local government shall provide for the protection of specimen trees on all developments either upon site development plan or subdivision approval, or both. The following table sets forth the minimum requirements for the protection of specimen trees:

Number of Specimen Trees	Minimum Specimen Tree Protection Requirement
Less than 3 per acre or a portion thereof	80 percent of all specimen trees
3.0 to 5.0 per acre	65 percent of all specimen trees
5.1 to 8.0 per acre	50 percent of all specimen trees
8.0 or more per acre	4 specimen trees per acre

 

(2)

A tree survey shall be required to locate all specimen trees on the site development. Notwithstanding the exemption of section 50-169(a)(1), the developer of a subdivision shall provide legal mechanisms which ensure the protection of specimen trees after construction has occurred on the development. Such mechanisms may include but shall not be limited to conservation easements, common open space, tree protection easements, deed restrictions and homeowners' association documents. In lieu of said legal mechanism, a local government may provide for permitting procedures for removal of specimen trees. However, the specimen tree protection requirements set out in this subsection on residential lots shall only apply in the designated setback areas according to the zoning ordinance in effect in the local government.

(c)

Tree protection area. Fifteen percent of the square footage of any development shall be designated for the protection of trees. The area required to protect specimen trees may be included to satisfy this requirement. This required area may be constituted as one or more subareas within the development. Said area may include any landscape buffer or other landscape areas required by any local government on a development. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of 50 percent of the required minimum number of trees as provided in subsection (a) of this section shall consist of existing trees within said area. The local government may provide for a waiver or modification of this requirement if the development contains an insufficient amount of existing trees to meet this requirement or if the local government determines that modification of this requirement is warranted by specific on-site conditions.

(d)

Historic trees shall only be removed upon approval of a tree permit granted by the local governing body.

(Ord. No. 88-38, § II(405.00), 12-1-88; Ord. No. 98-12, § IV, 7-23-98)