§ 34-113. Tree preservation and protection

(a) No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree regardless of whether the protected tree is on private property or the abutting public right-of-way, unless exempt under the provisions of this article.

(b) No clearcutting of land is allowed. Prior to the removal of any protected tree, regardless of construction or development schedule, a tree preservation plan must be submitted to and approved by the city.

(c) Prior to construction or development on a site that contains one or more trees, a tree preservation plan must be submitted to and approved by the city. If the site does not contain any protected trees, a letter, prepared by a registered surveyor, engineer, architect or landscape architect, shall be submitted to the city which verifies that protected trees are not on the subject site.

(d) The tree preservation plan submittal shall be accompanied by a site plan that includes, but is not limited to, the following:

(1) Delineation of site boundaries;

(2) Location of all existing or proposed structures and of all improvements such as streets, drives, alleys and easements; and

(3) A survey depicting the location, species and caliper of all protected trees to be preserved.

(e) Protected trees which are not required to be removed or have been identified on the tree preservation plan to be preserved must be protected under the following conditions:

(1) 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.

(2) No equipment shall be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.

(3) No signs, wires or other objects, other than those of a protective nature, shall be attached to any protected tree. However, lighting of a decorative nature may be attached to a protected tree so long as the lighting is attached in a manner so as not to damage the protected tree.

(4) No vehicular and/or construction traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved surface. This restriction does not apply to 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.

(5) Grade changes shall be allowed within the limits of the critical root zone of any protected tree only upon approval by the city.

(6) No paving with asphalt, concrete or other impervious materials shall be placed within the critical root zone of a protected tree. However, paving may encroach up to three feet from the trunk upon approval by the city.

(7) No person, directly or indirectly, shall prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on city-owned property unless otherwise permitted by this article.

(f) The city shall have the right to plant, prune, and maintain any tree located on street rights-of-way, easements, public parkland or any other municipally owned property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public properties. The city 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, drainage improvements, regulatory signs, or other public improvements.

(Ord. No. 2005-04, § 5, 5-9-2005)