The purpose of this chapter is to establish requirements for tree preservation while facilitating responsible land development in the City and County of Broomfield. This includes both the addition of trees wherever feasible and the utmost effort in maintaining the existing tree population. These measures aim to achieve multiple benefits for the community, including:

(A)

Canopy preservation: Sustaining the tree canopy throughout the community to enhance and preserve the air quality. Trees filter air pollutants and replenish the atmosphere with oxygen.

(B)

Noise reduction: Trees act as natural barriers, reducing noise levels and creating a quieter environment.

(C)

Energy efficiency: Properly placed trees on properties serve as windbreaks and provide shade, contributing to the reduction of energy consumption.

(D)

Soil protection: Tree roots help prevent topsoil erosion, reducing stormwater runoff and preserving the quality of the soil.

(E)

Wildlife habitat: Trees offer habitat and food sources for birds and other wildlife, contributing to the preservation and enhancement of nesting areas and aiding in natural insect control.

(F)

Public resource: Trees are recognized as a valuable public resource that enriches the quality of life, maintains the unique character of the community, and contributes to its historical and aesthetic appeal. Additionally, they play a role in economic stability by attracting visitors and businesses.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

General. The tree preservation requirements of this Chapter 17-71 shall apply to the following properties:

(1)

All new construction, including residential and non-residential and on properties owned by the City and County of Broomfield, that are to be constructed by a developer, property owner or their contractors;

(2)

All construction projects that cumulatively increase the gross floor area of the lot by 65% or more;

(3)

The partial or total redevelopment of a parcel, including demolition and new construction;

(i)

Redevelopment of a parcel means the demolition of an existing structure or building including any site disturbance, such as earthwork or grading, in anticipation of new development.

(4)

Expansion of parking lots by more than 50% of the existing parking lot area;

(5)

All public land dedications as required by the 2024 Open Space, Parks, Recreation and Trails (OSPRT) Plan and public lands dedications in accordance with B.M.C. 16-28-120, as amended.

This tree preservation chapter is intended only to cover properties during construction and post-construction until final acceptance in accordance with Broomfield Standards and Specifications.

(B)

Exempt properties. The following properties are exempt from the requirements of this Chapter 17-71:

(1)

Accessory dwelling unit (ADU) construction on single-unit residential properties.

(2)

Public land dedications or city and county owned property with specific open space characteristics of the subject property may be exempt if approved by the city and county manager or their designee.

(3)

Site development plans, urban renewal site plans, building permits or other development process approved prior to the effective date of this Chapter 17-71 shall follow the plans as approved, without complying with the mitigation standards set forth below.

(Ord. No. 2240, § 1, 12-10-2024)

As used in this chapter, unless the context clearly requires otherwise, the following words and terms shall have the meanings set forth in this section:

(A)

Aggregate diameter means the combined diameter of a multiple trunk tree measured at breast height.

(B)

Caliper means the diameter of a tree trunk six inches above the existing grade or proposed planted grade. Caliper is usually used in reference to nursery stock.

(C)

Critical root zone (CRZ) means the distance from the trunk that equals one and one half foot for every inch of the tree's diameter.

(D)

City and county forester means Broomfield's Forestry Division responsible for trees and shrubs in public parks, parkways, and other public property. Broomfields's right-of-way and street trees are under regulation of the city and county forester.

(E)

Development process means the intent to construct upon, improve, or modify any property within the City and County of Broomfield, whether governed by a site development plan (SOP) or urban renewal site plan (URSP) or not.

(F)

Diameter at breast height (DBH) means the standard measurement used in forestry and tree studies to assess the size of a tree trunk. DBH is determined by measuring the diameter of the tree trunk at a standardized height, which is typically four and one half feet above the ground level. This measurement is taken using a tape measure or calipers and is commonly used as an indicator of a tree's size, growth, and maturity.

(G)

Drip line means the outermost edge of the tree's canopy or branch spread. The area within a tree's drip line is all the ground under the total branch spread.

(H)

Intent means having the mind, attention, or will to develop, modify, construct or improve real property within the City and County of Broomfield.

(I)

Mitigation means the replacement of trees removed from a site, the relocation of existing trees, the planting of new trees to compensate for caliper inches lost, or cash payments to the tree preservation account as directed in this section when trees are impacted due to the development process.

(J)

Preservation means the act of keeping existing trees safe from injury, harm or destruction during the development process.

(K)

Relocation means the practice of moving an existing tree to another site or other location within the same site.

(L)

Significant trees. Significant trees includes all of the following:

(1)

Private protected tree, which is any tree with:

(i)

A DBH of six inches or more located on any lot within twenty feet of a street right-of-way (including an approved private street or other access easement), or

(ii)

A tree with a DBH of eight inches or more located within ten feet of any other property line, or

(iii)

A tree with a DBH of twelve inches or more located elsewhere on the lot or tract.

(2)

Public protected tree, which is any tree located on lands owned by the city, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the city, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the city, or other governmental agencies or authorities. This includes rights-of-way and privately maintained trees within the public right-of-way, parks, open space, public areas and easements for drainage, sewer, water and other public utilities, with:

(i)

A DBH of six inches or more located within a city or other governmental right-of-way, or

(ii)

A DBH of six inches or more and located on any lot within twenty feet of a street right-of-way, or

(iii)

A DBH of eight inches or more located on any lot within ten feet of any other property line, or

(iv)

A DBH of twelve inches or more located elsewhere on the lot.

(v)

Exceptional specimen tree, which is any tree which is determined by the city and county forester to be of unique and intrinsic value to the general public because of its size, age, historic association or ecological value or any tree designated a Colorado State Champion, United States Champion or World Champion by the American Forestry Association. The city and county forester shall keep a record of all specimen trees so designated and their location.

(M)

Tree preservation account means an account established for the City and County of Broomfield for the purposes of furthering tree maintenance and tree replacement. The monies received as fees in lieu of mitigation, as described in B.M.C. 17-71-060(E) below, shall be forwarded to the director of finance for deposit in the tree preservation account. Except as provided in this section, under no circumstances shall the funds collected by the director of finance for the tree preservation account be directed to any other account to be used for any other purposes other than for tree planting (including but not limited to tree support such as maintenance, installation of drip lines and drainage) and preservation programs (including the creation of new woodland areas, underplantings as part of a tree planting program, and other planting activities that support the purposes of this chapter), public education programs regarding trees, and other activities in support of the administration of this chapter.

(N)

Tree protection zone (TPZ) means the area above and below grade around each tree where construction activities are limited or restricted to prevent injury to preserved trees.

(1)

The tree protection zone shall extend at a minimum one and one half foot from the base of the trunk for every one inch of tree diameter.

(2)

For areas with groups or groupings of trees, if the distance between trees is less than thirty feet, the tree protection zone may be combined and treated as one contiguous tree protection zone to create a more clearly defined and manageable tree protection zone.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Tree preservation plan. Concurrent with the submission of site development plans, urban renewal site plans, building permits or other projects in the development process, properties subject to this chapter 17-71 shall submit a tree preservation plan for approval by the city and county landscape architect, city and county forester, or their designee. Applicants shall make all feasible attempts to accommodate existing trees within their design. The tree preservation plan shall be submitted and approved prior to any site activity or disturbances and shall include:

(1)

Identification of all existing trees four inches DBH and larger on the site and within fifty feet of the site boundaries and specifically note any significant trees.

(2)

A chart specifying size, species, condition (as described in subsection B below - Condition Rating for Tree Preservation) and disposition for each existing tree.

(3)

Mitigation actions as noted in B.M.C. 17-71-060 below, including identification of the trees that are proposed to comply with mitigation requirements, the location of removed trees, replacement trees, and the location of trees that are proposed for relocation.

(4)

Proposed methods and schedule for implementing tree and other plant preservation measures as noted in B.M.C. 17-71-070 below.

(5)

Proposed methods, materials, and schedule for root pruning, branch pruning, and other tree maintenance as noted in B.M.C. 17-71-070 below.

(6)

A construction schedule which includes a time frame for work near existing plants and trees.

(7)

A maintenance schedule for the preservation of the trees during construction.

(8)

A watering plan and schedule that details watering of trees on the project site during construction including the following:

(i)

Area of the project site to be watered and how watering will be phased based on construction.

(ii)

Number of trees to be watered and total caliper inches. Identify the amount of water to be applied based on total caliper inches.

(iii)

Schedule for watering during the duration of the project.

(B)

Condition rating for tree preservation. The tree preservation plan submittals shall include an evaluation of tree health and structural issues consistent with the condition ratings in this section, with condition rating 1 being the highest rating, and condition rating 6 being the lowest rating of tree health and structure. Tree ratings shall be completed by a certified/registered arborist or forester, or a licensed landscape architect.

(1)

Tree rating characteristics.

(i)

Condition 1: Excellent - The tree is typical of the species, has less than 10% deadwood in the crown that is attributable to normal causes, has no other observed problems, and requires no remedial action.

(ii)

Condition 2: Good - The tree is typical of the species and/or has less than 20% deadwood in the crown, only one or two minor problems that are easily corrected with normal care.

(iii)

Condition 3: Fair - The tree is typical of the species and/or has less than 30% deadwood in the crown, one or two minor problems that are not eminently lethal to the tree, and no significant decay or structural problems, but the tree may need remedial care in order to minimize the impact of future stress and to ensure continued health.

(iv)

Condition 4: Fair to Poor - The tree is typical of the species but has some problems such as 30% to 50% deadwood in the crown, decay or structural defects, insects, disease or other problems that can be eminently lethal to the tree or create a hazardous tree if not corrected in a short period of time or if the tree is subjected to additional stress.

(v)

Condition 5: Poor - The tree is not typical of the species and/or has over 50% deadwood in the crown, major decay or structural problems, is hazardous or is severely involved with insects, disease, or other problems, that even if aggressively corrected, would not result in the long-term survival of the tree.

(vi)

Condition 6: Dead - Less than 10% of the tree shows signs of life.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Tree preservation requirements. Properties required to comply with this Chapter 17-71 must comply with the following:

(1)

Trees with ratings of 1 through 4. Trees identified in the tree preservation plan as having characteristic ratings of 1 through 4 must be preserved or mitigated as set forth in this Chapter 17-71.

(2)

Trees with ratings of 5 or 6 and non-desirable trees. Trees identified in the tree preservation plan as having characteristic ratings of 5 or 6 and non-desirable trees do not need to be mitigated or replaced.

(3)

Replacement trees and mitigation measures. The tree preservation plan required in Section 17-71-040(A) above shall show the mitigation actions that will equal the replacement of tree inches lost on site due to the construction activities as required by this chapter.

(4)

Interruption and maintenance of drainageways. Drainage plans for individual sites shall not alter the supply of water to existing stands of trees if the longevity of those trees is dependent upon the flows. If the drainage of the site requires altering the existing supply of water, some alternative form through the use of irrigation shall be available from the time the existing watering source is eliminated.

(i)

This requirement shall not preclude standard maintenance of drainageways necessary to ensure the free flow of stormwater. It will, however, protect those trees that do not interfere with the flow of storm drainage. Drainageways shall be maintained at the density of trees for which they were designed and future drainageways shall be designed, as far as economically feasible, to consider preservation of mature stands of trees. If preservation is not possible, mitigation and/or replacement shall be accomplished, as outlined in B.M.C. 17-71-060.

(5)

Compliance with tree preservation plan. At all times during construction the property owner, developer and their contractor(s) shall comply with the terms of the approved tree preservation plan and this Chapter 17-71.

(6)

Watering log. Upon completion of construction and/or prior to certificate of occupancy, a tree water log shall be submitted that provides the following information:

i)

Watered, identified by the site identification number.

ii)

Number of gallons of water applied to each tree during every watering period.

iii)

Soil moisture level readings, on a scale of one to ten throughout the critical root zone for each tree.

iv)

Dates of each watering.

Projects on city and county-owned property where city and county maintained irrigation is available are exempted from watering log requirements of this section.

(B)

Tree preservation plan amendments. The city and county forester, the city and county landscape architect or their designee may amend any approved tree protection plan after receipt of an application for amendment from a property owner or authorized representative. The amendment shall be approved if staff determines that the proposed amendment complies with the requirements of this Chapter 17-71.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Replacement trees. No tree proposed for replacement shall be less than two inches or more than three inches in caliper and shall be of no less quality species than the tree removed, as determined by the Tree Appraisal Guidelines published by the International Society of Arboriculture (ISA), as amended.

For example: Two nine inch DBH trees are removed because of site constraints; the tree inches lost equals eighteen inches. These inches can be replaced by planting nine two inch caliper trees or six three inch caliper trees. Evergreen trees (i.e. Fir, Juniper, Pine and Spruce) are to be replaced with trees with the same level of quality by the ISA Guidelines, unless an equivalent substitute is approved by the city and county landscape architect.

(B)

Relocation on-site. If tree relocation within the site is attempted, it shall be performed by a professional forester or nursery operator. All measures shall be taken to ensure the life and good health of the tree(s).

(C)

Mitigation off-site. If on-site tree replacement or relocation is not feasible, tree replacement or relocation shall take place through any or all of the following methods:

(1)

Replacement of equal tree inch lost on another site within the City and County of Broomfield.

(2)

Replacement of equal tree inch lost on public lands within the City and County of Broomfield.

(3)

Relocation of trees to public lands within the City and County of Broomfield.

(4)

If the mitigation measures in B.M.C. 17-71-060(1), (2), or (3) above are not feasible, payment of value of tree inches lost to the tree preservation account described below is permitted as a mitigation measure.

(i)

City and county owned properties and other government infrastructure projects (such as Colorado Department of Transportation or Mile High Flood District) are limited to on-site tree replacement or relocation of viable trees to public lands. If on-site tree replacement or relocation of trees to other public lands is not able to equal the replacement of tree inches lost due to site constraints, then the remaining required payment of tree inch value lost shall be waived.

(D)

Timing for tree mitigation activities.

(1)

Tree preservation and/or mitigation may be accomplished at any time during the development process. However, the timing of these activities is especially critical when moving trees from one location to another. The city and county landscape architect, city and county forester, or their designee, shall determine the conditions that will ensure the optimal success for tree relocation, preservation or mitigation and such conditions shall be detailed in the approved tree preservation plan.

(2)

When feasible, the decision on when to relocate trees will be made after all planning processes are complete. In cases where conditions necessitate the relocation of trees before all planning processes and approvals are complete, the applicant acknowledges that these activities do not guarantee project approval and that these activities are undertaken at the property owner's own risk.

(E)

Payment in lieu of mitigation. The property owner or their authorized representative shall pay a per tree payment in lieu of mitigation for each tree that is removed from the site during construction and not relocated or replaced. The payment in lieu of mitigation fee per tree is determined by the city and county forester or their designee based on current market rates as set forth in the fee schedule found in the City and County of Broomfield Landscape Reference Manual and such fees may be adjusted annually based on market changes. Payment must be submitted prior to the construction permit issuance or other required permits.

(F)

Standard landscape requirements. Mitigation shall be in addition to standard landscape requirements established by the B.M.C. Trees planted to comply with standard landscape requirements may not be counted as satisfying tree mitigation requirements. In the case of tree removals, the location, species, and caliper of trees to be removed and their replacements shall be included on the landscape/site plan. In the case of tree relocations on site, the placement of the relocated trees shall be included on the landscape/site plan.

(G)

Prohibited plant species. Nothing in this chapter permits the planting of any prohibited plant species set forth in chapter 17-70, as amended, of the B.M.C.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Protection of existing trees during the construction process. Site construction shall take into account the life and good health of trees preserved on the site. The following procedures shall be followed for tree protection, unless alternate mitigation measures are approved in the tree preservation plan:

(1)

Tree protection fencing shall be installed prior to any site activity and shall remain in place and be maintained in the condition in which they were installed for the duration of the construction activity. Protective fencing or barriers shall be set up to visibly show the tree protection zone. Chain link fencing six feet high, with steel posts driven into the ground at not more than ten foot intervals is required, but other barriers may be approved in the tree preservation plan based on site conditions.

(2)

All equipment, including foot traffic shall remain outside of the tree protection zone.

(3)

If roots greater than one-inch in diameter require removal, a clean cut shall be accomplished using a sharp hand tool. A maximum of two, three-inch diameter roots per tree are permitted for removal. The removal of additional roots three-inches or greater in diameter requires approval of the city and county landscape architect, city and county forester, or their designee.

(4)

Limb removal shall be accomplished under the direction of a certified I registered arborist, forester or licensed landscape architect before construction begins.

(5)

Concrete washout areas shall be designated on the property, and such areas shall not flow into or across the tree protection zone.

(6)

No excavation is permitted within the tree protection zone. If excavation is required within the tree protection zone, the city and county forester, the city and county landscape architect or their designee must be notified prior to start of excavation activities.

(7)

No branches or bark are to be damaged within the tree protection zone. If it appears any work may cause damage to the branches of a tree, the property owner or their contractor shall contact the city and county forester or the city and county landscape architect, or their designee for a determination as to whether such damage is likely and pruning is necessary.

(8)

No stockpiling of soil, materials, or supplies of any kind are permitted within the tree protection zone.

(9)

No vehicle parking is permitted within the tree protection zone.

(10)

The soil shall not be compacted within the tree protection zone.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Injuries to existing trees - Repairs and mitigation. Existing trees damaged through the construction process shall be immediately repaired and if damaged beyond repair, replaced per the mitigation specifications in B.M.C. 17-71-060 and a damages fine as set forth in this section will be applied. The restoration of damaged trees shall follow the approved measures set forth in the tree preservation plan and this Chapter 17-71.

(B)

Damages. Any trees designated as requiring retention or protection that are partially injured or lost due to construction activities on-site will result in a fine as determined by the city and county landscape architect, city and county forester, or their designee, as described in this B.M.C. 17-71-080.

(1)

Tree appraisal. All trees that are damaged during construction will be evaluated and appraised by the city and county landscape architect, the city and county forester, or their designee in order to set the damages fine. Documentation for appraisals will consist of:

(i)

Measurement of plant size.

(ii)

Identification by common and botanical names.

(iii)

Current condition (overall health, injuries, overt hazard status, etc.).

(iv)

Location factors as described in the most current edition of "Guide for Plant Appraisal." Photographs may be taken of certain trees and shrubs to document debilitating condition factors.

The full value of the tree will be used in calculations to determine damage fines or proportionate reductions for partial injuries, as applicable.

(C)

Notice of damages fine. The city and county landscape architect, the city and county forester, or their designee shall notify the property owner and any authorized representatives listed on the application of the total damages fine incurred for violations of this chapter, and if such persons fail within ninety days after the date of notification to pay the damage fine including any appeals as described below, then such damage fine may become a lien against and running with the property as set forth in B.M.C. 17-71-0B0(E). The damages fines described in this section are independent of any applicable penalty for violations of this chapter as provided below and are intended to address damages for injuries to trees during construction only. Assessed damages fines shall be placed in the tree preservation account and used accordingly.

(D)

Appeals. Upon receipt of a notice of damages fine issued pursuant to this section, the property owner or their authorized representative may appeal to decisions to city and county manager by filing a written notice of appeal within thirty days of the date of the notice of damages fine. The request for a hearing on appeal shall set forth the reasons for and the amount of the requested changes in fine amount. The city and county manager, or a designee thereof, shall conduct an informal administrative hearing and make a final determination on the damages fine assessment. The city and county manager, or a designee, shall notify the property owner and their authorized representative in writing of the time and place for the hearing on appeal. The decision of the city and county manager, or their designee, shall be final.

(E)

Liens. A failure by the property owner to pay the damage fines or other sums due under this chapter constitutes a debt due and owing the city and county. In the event any sums due to the city and county remain unpaid for more than ninety days, the director of finance in conjunction with the city and county landscape architect, city and county forester, or their designee shall certify such amounts to the county treasurer for collection in the same manner as general property taxes are collected in accordance with applicable law. The amount certified by the director of finance to the county treasurer for collection shall include any charges of the county treasurer for such collection. In addition, the city and county has the right to recover the amounts due and payable as provided by law in any court of competent jurisdiction.

(Ord. No. 2240, § 1, 12-10-2024)

(A)

Authority. All plantings, preservation and mitigation measures described herein shall be subject to inspection by Broomfield. The city and county shall have the authority to enforce provisions of this chapter and to impose fines for violations of this chapter. These tree preservation regulations are enforced by the city and county, and nothing in the tree preservation code is intended to create a private cause of action.

(B)

Penalty for violations. Any person found in violation of any provision of this chapter shall be subject to a civil penalty per violation, per day. Each violation may be fined up to the fine amount permitted in Chapter 1-12 of the B.M.C. to be assessed and collected through a summons into Broomfield Municipal Court.

(Ord. No. 2240, § 1, 12-10-2024)