Section 12A-49 Clearing of trees; permit required.
Prior to the adoption of Ord. 018164 on 07/19/2004, Section 12A-49 read as follows.
(a) The mechanized clearing of trees, logging of
trees or clear-cutting of trees by any means
on tracts of land over one (1) acre shall be unlawful unless done in compliance with a land
(b) A minimum of twenty-five (25) percent of any climax
forest area on any tract of land
subject to land preservation requirements shall be maintained.
Climax forest areas shall be
identified by the city arborist through use of aerial photographs and field inspections and a map
identifying all known climax forest areas shall be maintained in the department of public works.
Trees thus retained will count toward landscaping requirements contained in the zoning
(c) When logging is to occur prior to approval of
a tree preservation plan or on property not
otherwise subject to land disturbance requirements, a logging plan demonstrating compliance
with tree preservation requirements must be submitted to the director. This logging plan will
include the area in square feet of forest land, the area in square feet of climax forest, and
demonstrate that twenty-five (25) percent of the area of climax forest will be preserved after
logging. Each logging operation on the same site will require a separate land disturbance permit.
Under no circumstance shall successive logging remove greater than seventy-five (75) percent of
the climax forest present upon the site before logging.
cd) A landscaping plan demonstrating
compliance with the specific requirements of the
existing zoning of the site shall accompany all applications for land disturbance permits. The
plan will be a drawing of the site sufficient in detail to illustrate the features of the plan. The
may be incorporated with other drawings or documents but shall contain the following
(1) The area, in square feet or acres, of any climax
forest areas on the site and those
portions, in square feet or acres, of the climax forest to be preserved. The areas may be
determined by actual field measurement or planimetering of scaled aerial photographs.
(2) The number, spacing, size and species of planting
materials, including new trees and
final ground cover that will be planted as part of the landscaping plan.
(3) The size and location of any walls, earth berms,
(4) Provisions for watering, soil stabilization,
plant protection and maintenance.
(5) Location and description of any barriers to be erected
to protect any vegetation from
damage both during and after construction.
de) Tree protection shall be
required prior to and during the activities associated with the
land disturbance permit in accordance with administrative standards promulgated and enforced
by the director, but under no circumstances shall activities with the potential of causing damage
to the root systems of trees be allowed within the perimeter of the drip line of the trees being
preserved, protected or planted as part of the landscaping plan.
ef) If any of the trees required
to be retained or trees planted as part of the landscaping plan
should die within a period of eighteen (18) months after completion of the activities associated
with the land disturbance permit, the owner of the property shall replace the trees within six (6)
months at a ration of one-to-one with an approved tree having a minimum diameter of two (2)
inches measured at a point one (1) foot above natural grade. Shrubbery or other plantings which
die within eighteen (18) months of completion of the activities shall be replaced in kind within
six (6) months.
fg) All landscaping work must
be completed prior to the final inspection of a building or
within one year of issuance of the land disturbance permit, whichever occurs later. If completion
of the work or building is at such time of the year that the landscaping cannot be completed, a
performance bond or other acceptable financial instrument for completion of the work may be
accepted to allow the issuance of a certificate of occupancy.
gh) Landscaping plans may be
amended during or after development with the approval of
the director, but in all cases must comply with the current landscaping requirements of the zoning
district in which the site is located.
(Ord. No. 13019, § 1, 7-1-91; Ord. No. 13258, § 1, 3-2-92; Ord. No. 14389
§ 1, 3-6-95; Ord. No.
17278, § 1, 5-6-02)