Section 12A-49 Clearing of trees; permit required.
Prior to the adoption of Ord. 17278 on 05/06/2002, Section 12A-49 read as follows.
(a) The mechanized clearing of trees or clear-cutting of trees by any means
on tracts of land
two (2) acres 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
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) A landscaping plan demonstrating compliance with the specific requirements
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.
(d) 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.
(e) 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.
(f) 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.
(g) Landscaping plans may be amended during or after development with the approval
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)