The intent of this section is to utilize the preservation, protection, maintenance and management of the community's existing forest resources, including, but not limited to, individual or significant trees having ecological, cultural and/or historical significance, and the planting of trees to:

A.

Aid in the stabilization of soil by the prevention of erosion and sedimentation;

B.

Reduce stormwater runoff and the costs associated therewith and replenish groundwater supplies;

C.

Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere;

D.

Provide a buffer and screen against noise pollution;

E.

Provide protection against severe weather;

F.

Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;

G.

Provide a haven for birds which in turn assist in the control of insects;

H.

Provide habitat for wildlife;

I.

Protect and increase property values;

J.

Conserve and enhance the city's physical and aesthetic environment; and

K.

Generally protect and enhance the quality of life and the general welfare of the city.

(1)

Caliper. The tree trunk measurement of nursery stock measured six inches above ground for tree trunks up to four caliper inches. Tree trunks over four caliper inches measured at six inches in height, move measurement point to 12 inches above ground to measure trunk caliper. Trees greater than four caliper inches may have diameter measurements.

(2)

Critical root zone. The root system within the dripline.

(3)

Diameter or diameter at breast height (DBH). The measurement of a tree's trunk measured at four and one-half feet above the ground.

(4)

Disturbance zone. Any area which will be physically altered from its natural state. This will include but not be limited to all areas of grading, utility installation, building pads, driveways, and parking areas.

(5)

Dripline. The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree.

(6)

Person. An individual or an entity.

(7)

Replacement tree. A tree of at least two and one-half inches DBH for deciduous trees and at least six feet high for coniferous trees. The city shall maintain a list of approved species and all replacement trees shall be of the type included on the city's approved list. For replacement purposes, a six foot high coniferous tree has the same replacement value as a two and one-half-inch DBH deciduous tree.

(8)

Significant tree. A deciduous tree that is eight DBH inches or greater, or a coniferous tree that is eight feet in height or greater, that is not on an undesirable tree.

(9)

Undesirable tree. The following trees are classified as undesirable:

a.

Ash.

b.

Box elder.

c.

Cottonwood.

d.

Russian olive.

e.

Sumac.

f.

Willow.

Any person who shall violate any of the provisions of this section or any tree preservation and replacement plan approved hereunder shall be guilty of an offense punishable as a misdemeanor each day or portion thereof that the violation continues. In addition, any and all permits and approvals extended by the city in connection with the property on which the violation occurs may be suspended or revoked after notice and an opportunity to be heard, and the city may also deny a certificate of occupancy or pursue injunctive relief and/or damages. Pursuit of any one of these remedies does not waive the city's right to pursue any or all of these remedies.

In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this section may be waived by the mayor or, in the absence of the mayor, the acting mayor.

(1)

This Ordinance shall be applied to all tree removal, replacement, and protection activities except as expressly provided herein. These regulations and requirements imposed by this Ordinance shall be in addition to zoning district, floodplain, bluff, shoreland and wetland regulations and requirements, and those established for the district wherein property is located, which regulations and requirements will all jointly apply to the property. Where a property is subject to the application of requirements of other ordinances or statutes, the more restrictive requirements shall apply.

(2)

Employees and representatives of the city may enter upon private property to inspect and identify trees in furtherance of the provisions of this Ordinance after having given notice to the owner of the property or applicant for a development. Notice will be adequate if made in person or, if in writing, stating date and time of the anticipated entry upon the property and identifying the city and the ordinance pursuant to which the entry is being made. Such notice, if not personal notice, shall be mailed by first class mail addressed to the owner/occupant at the address last shown on the county tax records in city offices and mailed in the United States mail at least four days prior to the anticipated entry. Failure of the addressee to receive such notice does not invalidate the notice or the entry.

For purposes of tree removal on land that is a lot of record prior to May 1, 2006 and for which a subdivision or development application has not been submitted, it shall be unlawful for any person to remove from privately owned land any significant tree(s) in excess of a total of 32 inches DBH per acre or 32 feet in height or combination thereof per acre in any calendar year without immediately replacing any such tree pursuant to the appropriate ratio set forth in section 50-219. Prior to such removal, a tree removal permit must be obtained from the city and a plan for replacement must be provided.

(1)

Application for development. It shall be unlawful for any person to remove any tree from any property not subject to section 50-216 without complying with section 50-217. Any person desiring to subdivide or develop all or part of any property shall submit an application (subdivision, site plan, planned unit development, among others) to the city together with a filing fee as established in the city fee schedule. Accompanying the appropriate application shall be the following:

a.

Tree inventory. Tree inventory shall include the species, diameter, condition and location of all significant trees and shall be prepared by a forester, natural resources specialist, certified arborist, landscape architect or another qualified individual. Forested areas that will not be disturbed by construction activities, whose dripline is located at least 20 feet from the disturbance zone, and which will be protected by a permanent conservation easement do not require an inventory but shall be generally located on the tree inventory.

b.

Tree preservation and replacement plan. The tree preservation plan shall show and specify:

1.

Total diameter inches and species composition of all significant trees to be preserved;

2.

Total number of DBH inches of deciduous and height feet of coniferous trees to be removed;

3.

Limits of grading and construction activities proposed on site;

4.

Limits of tree clearing, tree protection zones and fencing;

5.

Location, size and species of replacement trees required by this Ordinance;

6.

Construction staging areas for parking and material storage including concrete washout areas;

7.

Proposed location of conservation easements to ensure permanent protection of forested areas and identification of protection zone and barriers at least 20 feet away from the dripline of the trees;

8.

Location of all underground utilities.

(2)

Standards of preservation and reforestation during subdivision.

a.

Tree preservation. Forty percent of the total DBH of deciduous trees and height feet of coniferous trees within the disturbance zone shall be protected. If more than 60 percent of the total DBH of deciduous trees or height feet of coniferous trees or combination thereof on the site are removed, the excess shall be replaced at a ratio of two and one-half inches of replacement for every DBH inch of removal above 40 percent.

b.

Reforestation. In the event of a subdivision in an area where there are less than 30 inches of trees per acre, exclusive of land contained within a conservation easement or otherwise outside of a disturbance zone, reforestation shall be required to achieve 30 inches of trees per acre. Sufficient plantings to meet the reforestation requirements shall be shown on the tree preservation and replacement plan. Plantings to meet the reforestation requirement shall meet the specifications required for replacement trees in section 50-219.

c.

Invasive species removal. Noxious weeds and invasive non-native species must be eliminated.

d.

These standards for tree protection shall apply in all zoning districts during subdivision. In addition, subdivision must meet the preservation standards of section 50-220.

(1)

Tree removal. All significant trees shall be protected. Any tree proposed to be removed that is equal or greater than eight-inch DBH shall be replaced at the rate of two and one-half inches for every inch removed.

(2)

Survey of trees prior to approval of occupancy. Prior to the city issuing a certificate of occupancy for any structure to which this subdivision applies, the city, at its discretion, may require that the applicant for such occupancy shall provide a certified survey of the zoning lot verifying the trees that were preserved and replaced. If the city determines that additional tree inches are removed after the completion of site improvements based on the survey, the city shall require additional tree replacement prior to the issuance of the certificate of occupancy.

(1)

Replacement shall occur in the area from which the significant trees are removed. The city shall approve the boundaries of the area for replacement. If it is demonstrated to be impractical to plant all replacement or reforestation trees on the site, the city council, at its discretion, may select alternate sites, if the alternate site is owned by the developer/builder or the city.

(2)

Not more than 25 percent of the replacement trees may be of any one species.

(3)

Replacement trees shall be identified as such on surveys for any type of development request until they are eight inches in DBH for deciduous trees or eight feet in height for coniferous trees. For the purposes of determining additional replacement if the replacement trees are removed or lost, they shall be considered at least eight inches in DBH for deciduous trees or eight feet in height for coniferous trees regardless of size and shall be treated accordingly for purposes of enforcement.

(1)

Installation of orange polyethylene laminate safety netting, or an equivalent form of safety netting, and metal stakes shall be placed and maintained along the disturbance zone and around significant trees to be saved. The protection area shall be defined by the projection of the tree dripline downward to the ground. If less protection is necessary due to the proximity of structures or infrastructure, such reduced protection area shall require approval by the city prior to any construction activity taking place.

(2)

The location and means of tree protection shall require inspection and approval by the city prior to any construction activity taking place. The city shall also inspect the construction site during construction. The tree protection shall remain in place until the city has conducted an inspection of the property and has approved the removal of the fencing.

(3)

No equipment, chemicals, soil deposits or construction materials shall be placed within a protective barrier.

(4)

Any landscaping activity subsequent to the removal of the barriers shall be accomplished by hand or by mower. The use of heavy equipment for this purpose shall not be allowed.

(5)

Soil compaction or alteration of existing grades in critical root zones shall be prevented.

(6)

Utilities shall either be placed in common trenches outside of the critical root zone of significant trees, or tunneled installation may be permitted at the discretion of the city within the critical root zone.

(7)

The property owner or developer shall ensure that reasonable care is taken to prevent the change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuel or paints.

(8)

The critical root zone of all significant trees near the disturbance zone shall be calculated. All trees that are proposed to have impacts to the critical root zone shall be identified on the tree preservation and replacement plan. Not more than 40 percent of the critical root zone may be disturbed.

(9)

Root pruning during construction along all disturbance zones shall be done by hand with a chainsaw or with a machine designed for root sawing.

(10)

Tree stumps shall be removed by grinding, not with a bulldozer, in all areas where root pruning does not occur.

(11)

Natural ground cover (not sod) shall be maintained where clusters or areas of significant trees exist.

(12)

No vehicles or equipment parking or driving out of the construction boundaries.

(13)

Optional protective measures. Measures to protect significant trees and woodlands may include, but are not limited to:

a.

Consideration of variances to the city's standards as a part of an application for a PRD including but not limited to reduced right-of-way, reduction in paved areas, and reduced or variable setbacks when it can be demonstrated that such variances will save trees;

b.

Installation of retaining walls to preserve trees;

c.

Basements dug with backhoe and material removed from site;

d.

Concrete pumped in; and

e.

Specified stock pile areas.

Required to be saved as a part of a tree preservation plan in section 50-217 are lost during either subdivision development or home construction, said trees shall be replaced at a ratio of 4 to 1 for every DBH inch lost for deciduous trees or foot in height lost for coniferous trees. Trees which were not identified and permitted to be lost within a tree preservation plan, shall be considered lost as a result of:

a.

Grade change or land alteration, whether temporary or permanent, of greater than one foot, measured vertically affecting 60 percent of the tree's root zone; or

b.

Primary construction (i.e. sewer, water, storm sewer, gas, electric, telephone and cable television and trenching) resulting in the cutting of 60 percent of the tree's roots at or within the critical root zone; or

c.

Mechanical injury to the trunk of a significant tree causing the loss of 40 percent of the bark; or

d.

Compaction to 90 percent of proctor to a depth of six inches, or more, of 60 percent or more of the surface of the soil within the tree's root zone.

Property owners and developers are discouraged from reducing significant trees and forested areas on their property in advance of development or annexation to the city. in the event that the city determines that significant tree loss has occurred in the three years prior to a petition or other request for annexation or any time after environmental review has commenced for a subject property, the city may take measures at its discretion including but not limited to additional tree placement as a condition of annexation, or denial of the annexation request. If the city determines that tree replacement is sufficient mitigation for the loss, the city may establish higher minimum requirements in terms of both quantity of inches to be replaced as well as size of replacement trees from that required by this Ordinance as a condition precedent to annexation. In making the determination that significant tree loss has occurred, the city may utilize available data to make estimates of the loss and is not required to rely upon a tree survey.

(1)

Based upon the replacement trees identified in section 50-219, and prior to any construction activity taking place, the applicant shall submit a cash escrow, letter of credit or other surety acceptable to the city in the amount of 125 percent of the cost of the replacement trees proposed for the project area. Such surety shall remain in force for two full growing seasons following installation of the replacement trees to guarantee survival. At the end of the two-year period or subsequent two-year period, the city shall review the project area in coordination with the applicant and shall make a determination to:

a.

Refund the appropriate performance surety; or

b.

Require the planting of new trees to replace the replacement trees which did not survive the initial or subsequent two full growing seasons or subsequent periods until such time as the replacement trees have survived two full growing seasons.

(2)

For purposes of this section, all trees shall be alive and in satisfactory growing condition at the end of two full growing seasons. The growing season shall include the period May 1 through October 31. The two-year guaranty period for plant materials installed after June 1 shall commence the following year.

The provisions of this ordinance shall not apply to:

(1)

The removal of trees from commercial nurseries or horticultural properties, such as tree farms, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to imminent development of the land.

(2)

The removal of trees conducted by or on behalf of a federal, state, county, municipal, or other governmental agency in pursuance of its lawful activities or function.

(3)

The removal of trees deemed by the zoning administrator or his/her designee to be diseased, dying, or dead.

(4)

The removal of any tree which has become or threatens to become a danger to human life or property.

(5)

The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facilities operated by the utility.

(Ord. No. 02-2017, § 11, 2-21-2017)