The clear-cutting of land as defined in this article is prohibited.
(1998 Code, sec. 96.08)
(a) 
Selective thinning.
The removal of selected trees from within a densely forested area, when done in a professionally accepted manner, shall be allowed as a single permit upon approval by the landscape administrator. Approval will only be granted when the landscape administrator determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees.
(b) 
Removal of underbrush.
The landscape administrator may issue a permit allowing the clearing and grubbing of brush located within or under the drip lines of protected trees subject to reasonable conditions to insure the maximum protection for the trees. The permit holder shall clear or grub by hand or with mowers or other methods deemed appropriate by the landscape administrator to protect adjacent and nearby protected trees. The use of dozers, loaders, or other heavy earth-moving equipment to clear or grub brush located within or under the drip lines of protected trees is prohibited.
(1998 Code, sec. 96.09)
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)
(a) 
Homestead property.
The owner of property that is used for an individual residence or homestead shall be exempt from the tree protection and replacement requirements specified herein as long as the tree is located within a total area of two acres surrounding the owner’s residence and the residence is used as a homestead.
(b) 
Agricultural property.
The owner of property which is zoned AG (agricultural) and actively used for agricultural purposes shall be permitted to remove up to seven protected trees per calendar year without obtaining a permit. Protected trees removed in excess of seven will require permits. It is not the intent of this article to prohibit the clearing of land for legitimate agricultural use. The property owner shall request the landscape administrator to make an on-site inspection of the property to be cleared and provide the landscape administrator the purpose for the clearing. If the landscape administrator determines the clearing of land to be for a legitimate agricultural reason, he or she will issue a tree removal permit.
(1998 Code, sec. 96.12)
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) 
Requirements.
In the event that it is necessary to remove a protected tree as specified in sections 3.15.074 through 3.15.076, the party (other than franchised utility companies) removing the tree shall be required to replace the protected trees being removed with quality trees as defined herein. A sufficient number of trees shall be planted to equal or exceed the diameter (measured at four and one-half feet above ground level) of each tree removed. (See appendix B at the end of this article.) This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. The replacement trees shall be a minimum three-inch diameter measured at four and one-half feet above ground, and seven feet in height, when planted.
(b) 
Procedures; warranty.
At the time of review, the time of replacement and the location of the new trees will be determined by the landscape administrator. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the landscape administrator has the authority to allow the planting to take place on another property, including public property. Franchised utility companies shall be exempt from this requirement. If the landscape administrator approves the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the landscape administrator with an affidavit that all replacement trees will be planted within six months. Any replacement tree required by this article must be covered by a one-year warranty that is acceptable to the landscape administrator.
(c) 
Tree reforestation fund.
In a densely forested area, the applicant, upon approval of the landscape administrator, may make a payment into the tree reforestation fund in lieu of planting the replacement tree on the subject site. The funds shall be used only for purchasing and planting trees on public property or acquiring wooded property which shall remain in a naturalistic state in perpetuity.
(1998 Code, sec. 96.15)
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)
(a) 
Interference with overhead utility lines.
Trees shall not be planted within an area such that the mature canopy of the tree will interfere with then-existing or approved overhead utility lines.
(b) 
Proximity to utility lines.
Trees shall not be planted within an area such that the mature critical root zone of the tree will interfere with then-existing or approved underground public utility lines (including water lines, wastewater or stormwater drainage lines, sewer lines, transmission lines or other utilities), or such that the installation and/or maintenance of such utility lines will in reasonable probability require activity in the mature critical root zone of such tree. Shrubs will be permitted outside of the minimum clearance of surface electrical facilities established by the franchised electrical company.
(c) 
Proximity to fire hydrants.
No trees shall be planted within ten feet of a fire hydrant.
(d) 
Street corners.
No tree shall be planted closer than 25 feet to any street corner, measured from the point of nearest intersecting curbs or curblines, or other pavement in the absence of curbs.
(1998 Code, sec. 96.18)
(a) 
In addition to the criteria found in section 3.15.044, the tree board shall have the authority to review and grant a tree removal permit for any private land use that is deemed acceptable to the tree board when such use usually requires large areas of open space.
(b) 
In granting the tree removal permit, the tree board is authorized to impose conditions on approval that are deemed necessary by the tree board to carry out the purpose and intent of this article.
(1998 Code, sec. 96.19)