§ 17.24.100. Replacement of trees.

A.

Trees removed pursuant to Section 17.40.470, tree removal permit procedures, shall be replaced at the expense of the developer to meet the required tree density standard.

B.

Tree density.

1.

Each property, other than those residential properties provided for in subsection B.2. of this section, shall attain a tree density factor of at least fourteen units per acre using protected or replacement trees, or a combination of both.

2.

Residential properties shall attain the following tree density factors:

a.

Property within a single and/or two-family residential subdivision for which the preliminary site plan is filed with the planning commission after the date of enactment of this subsection B.2. shall attain a tree density factor of at least fourteen units per acre using protected or replacement trees, or a combination of both, excluding the area of the building lots. Proof of compliance with this requirement shall be provided prior to the release of any applicable public infrastructure bonds.

b.

Requirements for individual single and two-family residential lots.

(i)

Individual single and two-family lots, other than those lots zoned AG or AR2a, shall include at least one two-inch caliper tree for each thirty feet of lot frontage (or portion thereof), excluding alley frontage. Such trees must be chosen from the Forestry Recommended and Prohibited Tree and Shrub List, and shall be of a form and quality set out in the American Standard for Nursery Stock (ANSI Z60.1, latest edition).

(ii)

Individual single and two-family lots on a cul-de-sac shall attain a tree density factor of at least two two-inch caliper trees for each thirty feet of lot frontage (or portion thereof). Such trees must be chosen from the Forestry Recommended and Prohibited Tree and Shrub List, and shall be of a form and quality set out in the American Standard for Nursery Stock (ANSI Z60.1, latest edition).

(iii)

If the width of an individual single or two-family lot is less than twenty-five percent of the average lot depth, the lot shall attain a tree density factor of at least seven units per acre using protected or replacement trees, or both.

(iv)

Proof of compliance with this subsection B.2.b. shall be provided prior to the issuance of a certificate of occupancy.

c.

Alternative tree density requirements for single and two-family residential lots. In lieu of the requirements of subsection B.2.b. of this section, a home builder may petition the urban forester for credit for protecting existing trees on the building lot, provided that the overall tree density, including both replacement and protected trees, is not less than seven units per acre. Protected trees used to satisfy this requirement shall be protected according to Section 17.24.110. Proof of compliance with this requirement shall be provided prior to the issuance of a certificate of occupancy.

3.

Compliance with this subsection B. shall be calculated using gross acreage of the property but shall not include the following:

a.

The portion of the land area currently or proposed to be covered by buildings;

b.

The fenced area of any athletic field;

c.

The area of a lake or pond which is covered by water year round;

d.

Semi-trailer and tractor-trailer service areas, semi-trailer and tractor-trailer drive aisles, and semi-trailer and tractor-trailer parking and loading areas; and

e.

Open areas of golf facilities.

Protected and replacement trees shall contribute toward the tree density.

4.

Tree density shall be calculated according to the following schedules.

Protected Tree Schedule

UNITS represents basal area
DBH refers to diameter at breast height

DBH	UNITS	DBH	UNITS	DBH	UNITS	DBH	UNITS
6	1.2	20	4.3	34	10.5	48	26.1
8	1.4	22	4.9	36	11.7	50	28.3
10	1.6	24	5.7	38	12.9	52	30.5
12	1.8	26	6.6	40	18.4	54	32.8
14	2.1	28	7.5	42	20.2	56	35.2
16	2.4	30	8.4	44	22.1	58	37.7
18	2.8	32	9.4	46	24.1	60	40.3

 

Note 1: For single and two-family residential development, a 1.0 UNITS credit shall be given for each protected tree having a 4-inch DBH

Replacement Tree Schedule

UNITS represents basal area
CAL refers to caliper size (a tree's diameter measured six inches from the top of the root ball)

CAL	UNITS	CAL	UNITS	CAL	UNITS	CAL	UNITS
2	0.5	5	0.9	8	1.3	11	1.9
3	0.6	6	1.0	9	1.5	12	2.1
4	0.7	7	1.2	10	1.7	14	2.3

 

;ol0; C.\Existing prohibited trees may be counted for full credit of the required tree density requirement if in the opinion of the urban forester, they are healthy existing trees.

D.

Single-trunk replacement trees shall be a minimum of two-inch caliper and a minimum of six feet in overall height.

E.

A protected tree moved from one location to another on the site may be given credit upon approval of the urban forester.

F.

Subdivision developments, other than single and two-family residential subdivisions required to meet the tree density requirements of subsection B. of this section, shall be exempt from the tree replacement provisions of this title during the phases of construction to install streets, utilities and drainage structures required to be installed or bonded prior to recording of a final plat, so long as: (1) the tree survey includes the area to be disturbed by the construction of streets, utilities and required drainage facilities; and (2) the removal of protected trees is confined to the area of disturbance determined by the planning commission to be the minimum area necessary to install the infrastructure required by the subdivision regulations; and (3) so long as no protected trees are to be removed outside of the agreed-upon disturbed area. Development of individual parcels within the subdivision must comply with the tree replacement provisions unless exempt by other provisions of this title.

G.

Existing developments not otherwise exempted shall comply with the tree replacement provisions of this title when undergoing expansions as follows:

1.

No additional compliance is required if there is no enlargement of the lot, or in the improved portion of the existing lot, and either:

a.

The value of any one expansion is less than twenty-five percent, or the value of multiple expansions during any five-year period is less than fifty percent, of the value of all improvements on the lot prior to expansion; or

b.

The total building square footage of any one expansion is less than twenty-five percent, or the total building square footage of multiple expansions during any five-year period is less than fifty percent of the total building square feet of all improvements on the lot prior to expansion.

2.

When the previously improved portion of a lot is enlarged, or additional area is incorporated into the lot, only the additional area or expanded area of improvement is required to be brought into compliance with the tree replacement requirements, if either:

a.

The value of any one expansion is less than twenty-five percent, or the value of multiple expansions during any five-year period is less than fifty percent of the value of all improvements on the lot prior to expansion; or

b.

The total building square footage of any one expansion is less than twenty-five percent, or the total building square footage of multiple expansions during any five-year period is less than fifty percent of the total building square footage of all improvements on the lot prior to expansion.

3.

Total compliance is required if exemption cannot be claimed under other provisions of this section.

H.

Any replacement tree planted for credit shall be replaced by a tree of equal or greater diameter than originally planted if the tree dies. Under no circumstances shall any replacement tree, planted for credit, be removed by the owner or developer without the prior permission of the urban forester. All trees and shrubs required by this code shall be inspected within three years of initial planting. Notwithstanding the foregoing provision of this subsection to the contrary, there is no requirement that a replacement tree planted for credit be replaced if the tree dies as a result of a natural disaster or other act of God. For purposes of this section, 'natural disaster' shall not include drought.

I.

Where construction will be completed under a phased schedule, site work and tree removal for the entire tract may be completed at one time and replacement or addition of trees can be deferred for a maximum of five years, so long as each phase is in compliance with the tree density requirements upon completion of that phase, and so long as the entire site is in compliance with the tree density requirements within five years, or upon completion of the entire project, whichever occurs first.

J.

Notwithstanding any provisions of this title to the contrary, the board of zoning appeals may hear and decide appeals from any order, requirement, decision or determination made by the urban forester in carrying out the enforcement of this chapter.

(Ord. BL2008-328 §§ 4, 6, 7, 2009; Amdts. 1, 2, to Ord. BL2008-153 § 1, 2008; Ord. BL2008-153 § 1, 2008; Ord. 2001-750 § 6, 2001; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 6.3(B), 1997)