[Ord. No. 2021-1953A, 7-20-2021]
A. No person shall remove, injure, damage, or cause the death of: (i)
a healthy, living grand tree, or (ii) trees having a caliper of three
(3) inches or more within a woodland area; or (iii) twenty-five percent
(25%) or more of the trees on any lot, without first securing a permit
from the City of Frontenac. Removal of trees that have been determined
to be diseased or hazardous by an ISA certified arborist shall be
exempt from this requirement.
B. Tree replacement is required when: (i) a grand tree is removed; or
(ii) twenty-five percent (25%) of the trees on a lot are proposed
to be removed; or (iii) when twenty-five percent (25%) or more of
the area or twenty-five percent (25%) or more of the number of trees
in any woodland area is proposed to be cleared of existing trees.
If twenty-five percent (25%) or more of the trees on a lot or twenty-five
percent (25%) or more of the area of or number of trees in a woodland
are removed, any tree scheduled for removal having a caliper of six
(6) inches or more shall be replaced.
C. Replacement trees shall meet the following minimums:
1.
Each grand tree shall be replaced on the lot by planting two
(2) canopy trees each of which is a minimum of two (2) caliper inches
at the time of planting or two (2) evergreen trees each of which is
a minimum of six (6) feet at the time of planting, or a combination
of canopy and evergreen trees of the same minimum dimensions.
2.
Each tree scheduled for removal from a lot or woodland requiring replacement pursuant to Subsection
(B), above, shall be replaced on the same lot by planting and thereafter maintaining canopy, small deciduous, flowering or evergreen trees as follows (provided that at least half of the replacement trees should be canopy trees from the City's recommended tree list):
a.
Two (2) canopy trees each having a minimum two-inch caliper
at the time of planting on site;
b.
Three (3) deciduous trees each having a minimum two-inch caliper
at the tie of planting on site;
c.
One (1) flowering tree of a single stem species or variety having
a minimum one and five-tenths (1.5) inch caliper at the time of planting
on site; or one (1) flowering tree of a multi-stem species or variety
having a minimum one and five-tenths (1.5) inch caliper at the time
of planting on site; or one (1) flowering tree of a clump species
or variety having a minimum eight (8) feet height at the time of planting
on site; or
D. One (1) evergreen tree having a minimum of six (6) feet height at
the time of planting on site, except for replacement trees situated
as screening of garage doors, mechanical equipment, and reestablishment
of privacy, where evergreens with a height to provide year-round screening
are required. After issuance of the tree removal permit, the permit
must be displayed at the property during the tree removal process
and shall not be removed until completion of the work.
E. Any trees which have been removed from a site within twelve (12)
months prior to application for a demolition, grading or building
permit (to the extent that such building permit applies to new construction
activity) or other land use approval shall be deemed to have been
removed for purposes covered by this Chapter and shall be subject
to all replanting and restoration requirements contained herein.
[Ord. No. 2021-1953A, 7-20-2021]
A. A tree protection plan, tree chart, and tree survey are required
to be submitted to the City of Frontenac for review of all projects
subject to Architectural Review Board approval if the project includes
tree removal. The documentation of trees on site shall include the
following:
1.
Tree chart keyed to a tree survey of all the trees on the site
over six (6) inches caliper. The chart must include genus, species,
size, and condition, as defined herein.
2.
Identification of woodlands, as defined herein, on the lot,
including total acres/square feet, total number of trees in the woodland,
total number of trees in the woodland with a caliper equal to or greater
than three (3) inches, number of trees to be removed, and percentage
of tree removal in the woodland measured in acres/square feet.
3.
The overall tree removal percentage for the entire lot measured
in number of trees and acres/square feet.
4.
Tree survey, to include an accurate designation of location
of each tree on a civil survey.
5.
Illustration of the drip line and critical root zone of all
existing trees.
6.
Designation of tree status: to be removed or saved.
7.
Purpose or reason for removal: dead/dying, poor condition, in
the improvement footprint, etc.
8.
Indicated grand trees on the tree chart and survey.
9.
Narrative explanation of why a grand tree cannot be preserved
if it is shown to be removed.
10.
List of trees to be used as replacement trees, with size of
trees at the time of planting and enough information to indicate that
the replacement requirement is met.
[Ord. No. 2021-1953A, 7-20-2021]
A. The application for a tree removal permit when removal is not associated
with activity for which Architectural Review Board approval is required
must be filed with the Building Official and shall include the following
information:
2.
Number of total acres of the lot.
3.
Name of person making application.
4.
Interest of applicant in the subject property.
5.
Name of the fee owner, if not the applicant.
6.
Number of trees to be removed.
7.
The location of trees to be removed and the location of the
trees remaining.
8.
Area of woodland on the lot in acres/square feet; area in acres/square
feet of woodland within which any trees are to be removed; percentage
of area of the woodland within which any tree removal is to take place;
number, type (canopy, evergreen, flowering, etc.) and size of trees
in the woodland having three-inch caliper or more; the number, type
and size of any trees in the woodland to be removed, and the percentage
of trees in the woodland to be removed.
10.
The location of any replacement trees to be planted, with a
statement of the number and type.
11.
Label all grand trees on the plan.
12.
Narrative explanation of why a grand tree cannot be preserved
if it is shown to be removed.
[Ord. No. 2021-1953A, 7-20-2021]
A. A completed application for a permit required by this Chapter shall
be submitted to the Building Department staff, who shall have the
Architectural Review Board review the tree removal application for
compliance with the tree removal requirements.
B. The permit shall not be issued if it is determined by the Architectural
Review Board that the tree or woodland removal will: (i) substantially
increase stormwater drainage on other lots; or (ii) substantially
decrease the quality of a visual or physical buffer which exists on
the subject lot and serves to protect the privacy or peaceful enjoyment
of other lots; or (iii) if tree removal would take place in a required
stream buffer, or (iv) if removal would substantially and adversely
affect the character of the surrounding neighborhood so as to be reasonably
likely to reduce the value of surrounding properties.
C. If a tree removal permit is issued it shall also specify the number,
type and size of any required replacement trees to be planted pursuant
to the provisions of this Chapter.
D. Planting of trees required shall be guaranteed by an escrow deposit
approved by the City in an amount adequate to ensure completion of
the work, including re-plantings.
E. If a permit is not issued, the reasons for the denial shall be stated
in writing and a copy sent to the applicant.
F. When no appropriate tree locations are available for all required
plantings on the subject lot, a payment of two hundred fifty dollars
($250.00) per replacement caliper inch may be paid to the City's
Community Beautification Fund. This option may reduce the required
number of trees required on a lot by no more than twenty-five percent
(25%).
G. Any party aggrieved by the decision of the Architectural Review Board
shall have the right to appeal such decision by filing a notice of
appeal with the Board of Adjustment within thirty (30) days of the
decision.
[Ord. No. 2021-1953A, 7-20-2021]
A. The requirements of this Article shall not apply to removal of tree(s)
with less than a six-inch caliper in a non-woodland area or removal
of a tree with less than a three-inch caliper in a woodland area,
as long as such removal does not constitute the removal of twenty-five
percent (25%) or more of trees on the lot or within the woodland area.
B. Tree removal shall be considered cumulative when successive tree
removal applications are submitted to the City for review.
[Ord. No. 2021-1953A, 7-20-2021]
For all permits requiring tree replacement, the Building Official
will inspect the property prior to the final approval of the permitted
work and release of the deposit, if any.
[Ord. No. 2021-1953A, 7-20-2021]
All contractors performing tree removal in the City of Frontenac
shall be licensed through the City in accordance with Title VI of
this Code of Ordinances. Licensed contractors must be able to provide
proof of license at all times while performing work within the City
of Frontenac.