The clear-cutting of land as defined in this article is prohibited.
(1998 Code, sec. 96.08)
Where protected tree removal is allowed through an exemption
or pursuant to a tree removal permit and the root system is intertwined
with protected trees which are intended to be saved, the tree shall
be removed by flush cutting with the natural level of the surrounding
ground. Where stump removal is also desired, stump grinding shall
be allowed, or, upon approval of the landscape administrator, a trench
may be cut between the two trees sufficient to cut the roots near
the tree to be removed, thereby allowing removal of the remaining
stump without destruction of the root system of the saved tree.
(1998 Code, sec. 96.10)
All new developments that have not yet made application to the
town for development or plat approval as of the effective date of
this article shall be subject to the requirements for tree protection
and replacement set forth herein.
(1) Residential subdivisions.
In a residential subdivision,
all protected trees that the landscape administrator determines must
be altered in order to install utility lines within public right-of-way
or utility easements or drainage easements as shown on an approved
final plat, or to achieve the cut/fill drainage as designated on the
master drainage construction plan and approved by the town engineer,
shall be exempt from the tree replacement and tree protection requirements
of this article. Any protected trees within these areas that the landscape
administrator determines do not have to be altered shall be subject
to the tree protection requirements, but not to the tree replacement
requirements, of this article. All other areas of the subdivision
shall be subject to both the tree replacement and the tree protection
requirements, and all other provisions of this article. Utility and
street layouts, however, may be altered during plan review by the
town engineer in order to save specimen trees.
(2) Single-lot residential development.
In a single-lot residential development, all areas within the footprint of a building pad site, driveways, public sidewalks, patios, septic tank and lateral utility lines, parking area, and pool and associated deck area shall be exempt from the tree replacement and tree protection requirements of this article when conducted in compliance with sections
3.15.041,
3.15.072,
3.15.073,
3.15.079, and
3.15.080. All other areas of the lot shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of this article, unless exempted by other provisions of this article.
(3) Nonresidential development.
All areas within street
rights-of-way, utility or drainage easements as shown on an approved
final plat, areas designated as cut/fill on the master construction
plan approved by the landscape administrator, plus fire lanes, parking
areas and building pad as shown on an approved site plan shall be
exempt from the tree protection and replacement requirements specified
herein. Utilities, fire lanes, parking areas and street layouts, however,
may be altered during plan review by the town engineer in order to
save specimen trees.
(4) Permit requirements.
A tree removal permit shall not be required for removal of a protected tree within an area noted in subsections
(1) and
(2) of this section. However, a permit must be obtained prior to the removal of any other protected tree on the property.
(5) Landscape administrator review.
(A) Residential development.
A developer shall be required
to furnish a tree survey showing all proposed improvements (for example,
rights-of-way, easements, lot patterns, cut/fill and the like) with
the submittal of a site plan, development plan, preliminary plat or
final plat, whichever occurs first. The tree survey shall be submitted
in accordance with the requirements set forth in appendix D at the
end of this article and shall be prepared on a sheet drawn to an appropriate
scale to adequately show individual tree locations or on a computer
disk in dxf, dwg, dgn, or other format acceptable to the landscape
administrator.
(B) Nonresidential development.
A developer shall be required
to furnish a tree survey showing all proposed improvements (for example,
rights-of-way, easements, lot patterns, cut/fill, fire lanes, parking
areas and building pads and the like) with the submittal of a site
plan, development plan, construction plan, plot plan or building permit
application, whichever occurs first. The tree survey shall be submitted
in accordance with the requirements set forth in appendix D at the
end of this article and shall be prepared on a sheet drawn to an appropriate
scale to adequately show individual tree locations or on a computer
disk in dxf, dwg, dgn, or other format acceptable to the landscape
administrator.
(C) Consultation with landscape administrator.
It is highly
recommended that the developer consult with the landscape administrator
and submit the required tree survey for review as early as possible
so as to minimize changes in preliminary or final plats and to determine
that there is adequate area for the proposed improvements after tree
protection and replacement have been taken into consideration.
(D) Procedures.
The landscape administrator will evaluate the required tree survey to determine whether the developer has made a good-faith effort to save as many protected trees as possible. The administrator will forward review comments to the planning and zoning commission for consideration regarding denial or approval of the development. If the review involves a document that normally does not require the approval of the planning and zoning commission, the administrator will follow the procedures in sections
3.15.041 through
3.15.044.
(6) Parking areas.
When a nonresidential development consists of extra parking spaces beyond 110% of the minimum parking spaces required by the zoning ordinance, the developer shall be required to replace a percentage of the trees removed or make a payment into the tree restoration fund. The replacement trees shall be calculated by multiplying the total diameter of trees removed in all parking spaces by the ratio of the extra parking spaces to the total number of parking spaces (total diameter of trees removed x extra parking spaces/total parking spaces). The replacement trees shall be provided in accordance with section
3.15.078.
(1998 Code, sec. 96.11)
All construction and maintenance activities within municipal/public
domain property or rights-of-way or easements held by the town, franchised
utility companies or other entities shall be subject to the requirements
for tree protection and replacement specified as follows:
(1) Removal of protected trees.
A tree removal permit shall
not be required for removal of a protected tree. However, no construction
or maintenance activity that may cause the removal of a protected
tree shall begin until construction plans showing protected trees
to be removed and the location of replacement trees have been approved
by the landscape administrator.
(2) Acceptable trees.
The landscape administrator shall
maintain a list of trees acceptable for planting along streets and
within parks and other public areas. Trees other than those listed
as acceptable may only be planted upon approval of the landscape administrator.
(3) Street tree spacing.
The spacing of street trees shall be in accordance with recommendations of the landscape administrator and article
14.02 (zoning) of the town’s Code of Ordinances. Closer spacing or group plantings may be approved by the landscape administrator in unique situations and when recommended by a registered landscape architect. All trees planted along or within public rights-of-way or easements where the drip line of the projected mature tree falls within asphalt or concrete pavements shall be installed with adequate root barriers at a three-foot minimum depth to prevent moisture-seeking roots from growing under pavements.
(4) Public tree care.
The town shall have the right to plant,
prune and maintain street trees and park trees within the lines of
all streets, alleys, avenues, lanes, squares and public grounds, as
may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of the public properties. The town may remove
or cause or order to be removed any tree or part thereof which is
in an unsafe condition, or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements, or which is affected with any injurious fungus, disease,
insect or other pest.
(1998 Code, sec. 96.13)
A tree removal permit and tree protection and replacement requirements
shall not be required under any of the following circumstances. The
burden of proof of a qualified exemption is upon the remover of a
tree. An exemption pursuant to subsections (1) through (4) of this
section shall be granted by the landscape administrator prior to removal
of any tree. Exemptions will be granted for any of the following reasons:
(1) Preexisting conditions.
All construction activities
for which final construction plans and building permit applications
have been submitted prior to the effective date of this article shall
be exempt.
(2) Diseased trees.
The tree is diseased, damaged beyond
the point of recovery or in danger of falling as determined by a certified
arborist prior to the removal of the tree. The removal of a diseased
tree by the town or an individual is required to reduce the chance
of spreading the disease to adjacent healthy trees. Any protected
trees that are proposed for removal due to damage or disease will
require the submission of a letter from a certified arborist that
verifies the necessity of their removal to protect property or other
trees.
(3) Public safety.
The tree endangers the public health,
welfare or safety and immediate removal is required if determined
by the landscape administrator or a certified arborist.
(4) Utility service interruption.
The tree has disrupted
a public utility service due to a tornado, storm, flood or other act
of God. Removal shall be limited to the portion of the tree reasonably
necessary to reestablish and maintain reliable utility service.
(5) Landscape nurseries.
All licensed plant or tree nurseries
shall be exempt from the requirements of this article as they pertain
to those trees planted and growing on the premises of the licensee
that are so planted and growing for sale or intended sale to the general
public in the ordinary course of the licensee’s business.
(1998 Code, sec. 96.14)
A major purpose of this article is to protect all protected
trees which are not required to be removed to allow approved construction
to occur. The following procedures are required:
(1) Construction plan requirements.
All construction plans
shall include the requirements set forth in appendix E at the end
of this article.
(2) Prohibited activities in root zone.
The following activities
shall be prohibited within the limits of the critical root zone of
any protected tree subject to the requirements of this article:
(A) Material storage.
No materials intended for use in construction
or waste materials accumulated due to excavation or demolition shall
be placed within the limits of the critical root zone of any protected
tree. However, this restriction shall not apply to material storage
in areas exempt from the tree protection and replacement requirements
(for example, the building pad, driveway, patio, parking lot and the
like).
(B) Equipment cleaning; disposal of liquids.
No equipment
shall be cleaned or other liquids deposited or allowed to flow over
land within the limits of the critical root zone of a protected tree.
This includes, without limitation, paint, oil, solvents, asphalt,
concrete, mortar or similar materials.
(C) Attachments.
No signs, wires or other attachments, other
than those of a protective nature, shall be attached to any protected
tree.
(D) Vehicular traffic.
No vehicular and/or construction
equipment traffic or parking shall take place within the limits of
the critical root zone of any protected tree other than on an existing
street pavement. This restriction does not apply to single incident
access within the critical root zone for purposes of clearing underbrush,
establishing the building pad and associated lot grading, vehicular
traffic necessary for routine utility maintenance or emergency restoration
of utility service or routine mowing operations.
(E) Grade changes.
No grade changes shall be allowed within
the limits of the critical root zone of any protected tree unless
adequate construction methods are approved by the landscape administrator
or grading as directed by the town’s drainage inspector.
(F) Impervious paving.
No paving with asphalt, concrete
or other impervious materials in a manner which may reasonably be
expected to kill a tree shall be placed within the limits of the critical
root zone of a protected tree except as otherwise allowed in this
article.
(3) Trees considered preserved.
A protected tree shall be
considered to be preserved only if a minimum of 75% of the critical
root zone is maintained at undisturbed natural grade and no more than
25% of the canopy is removed due to building encroachment.
(4) Requirements prior to construction.
The following procedures
shall be followed on all types of construction projects (including
residential subdivisions, commercial, multifamily, industrial developments,
residential builders and municipal/public):
(A) Tree flagging or marking.
Trees that are approved by
the landscape administrator for removal shall be flagged with bright
fluorescent orange vinyl tape wrapped around the main trunk or marked
with bright fluorescent orange paint at a height of four feet or more
such that it is very visible to workers operating construction equipment.
This shall not include the flagging or marking of all protected trees
adjacent to rights-of-way within approved residential subdivisions
during the construction of the roadway. Trees that are not flagged
or marked shall be saved and protected by fencing in accordance with
the requirements in subsection (4)(B) of this section.
(B) Protective fencing.
In those situations where a protected
tree is so close to the construction area that construction equipment
might infringe on the root system or is within 20 feet of the construction
area, protective fencing shall be required between the outer limits
of the critical root zone of the tree and the construction activity
area. Four-foot-high protective fencing shall be supported at a maximum
of ten-foot intervals by approved methods. All protective fencing
shall be in place prior to commencement of any site work and remain
in place until all exterior work has been completed.
(C) Bark protection.
In situations where a protected tree
remains in the immediate area of intended construction, the tree shall
be protected by enclosing the entire circumference of the tree with
2-inch x 4-inch lumber encircled with wire or other means that do
not damage the tree. The intent here is to protect the bark of the
tree against incidental contact by construction equipment.
(5) Permanent construction methods.
(A) Boring.
Where it is not possible to trench around the
critical root zone of a protected tree, boring of utilities under
the protected tree shall be required. The length of the bore shall
at least be the width of the critical root zone and the depth of the
bore shall at least be 24 inches.
(B) Grade change.
In situations where the grade change within
the critical root zone of a protected tree exceeds the limits noted
in subsection (2) of this section, the procedures noted in the town
standard detail sheet shall be required.
(C) Trenching.
All trenching shall be designed to avoid
trenching across the critical root zone of any protected tree. Although
this section is not intended to prohibit the placement of underground
services such as electric, phone, gas and the like, the placement
of these utilities is encouraged to be located outside of the critical
root zone of protected trees. Irrigation system trenching shall be
placed outside of the critical root zone with only the minimum required
single head supply line allowed within that area placed radially to
the tree trunk.
(D) Root pruning.
All roots two inches or larger in diameter
which are exposed as a result of trenching or other excavation shall
be cut off square with a sharp medium tooth saw and covered with pruning
compound within two hours of initial exposure.
(1998 Code, sec. 96.16)
(a) Generally.
No protected tree should be pruned in a manner
which significantly disfigures the tree without proper cause or in
a manner which would reasonably lead to the death of the tree.
(b) Allowed pruning.
The landscape administrator may approve
pruning of a protected tree in cases where protected trees must be
strategically pruned to allow construction or demolition of a structure.
When allowed, all pruning shall be in accordance with this section,
approved arboricultural techniques, and the recommendations of appendix
F at the end of this article. This section is not intended to require
a tree permit for reasonable pruning performed or contracted to be
performed by the owner of the tree when unrelated to construction
activity.
(c) Required pruning.
Trees shall be pruned so as to avoid
causing a hazard to public places, including public streets and other
public rights-of-way. Any tree, the canopy of which extends over any
part of a public right-of-way, shall be maintained to provide a minimum
clearance of eight feet above any sidewalk, trail, or other public
walkway, and 14 feet above any public street, road, or alley.
(1) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the town on which trees are located to keep and maintain any tree located thereon pruned, in compliance with section
3.15.079 and this section. Such owners shall also promptly remove all dead, diseased or dangerous trees and any dead, broken or decayed limbs which constitute a threat or danger to the safety of the public.
(2) It shall be the duty of any person owning, claiming, occupying or
having supervision or control of any real property, occupied or unoccupied,
within the town to keep and maintain any and all trees, shrubs, bushes,
grasses, weeds, or any other vegetation located on the property in
such a manner that the growth of the same (including the branches,
limbs and roots of any such vegetation) does not interfere with pedestrian
travel, vehicular line of sight and travel, or the provision of public
services.
(d) Tree topping.
It shall be unlawful as a normal practice
for any person, firm or town department to top any street tree, park
tree or other tree on public property. Trees severely damaged by storms
or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted from
this subsection at the determination of the landscape administrator.
(1998 Code, sec. 96.17; Ordinance 2007-12-4A adopted 12/4/07)