The intent of this section shall be to promote the public health, safety and general welfare by providing for installation and maintenance of certain landscaped areas; to protect the character and stability of residential, business, institutional and industrial areas and to conserve the value of land and building or surrounding properties and neighborhoods.

140.1. Definitions: As used in this Ordinance, unless the context otherwise requires, the following words and phrases shall have the meaning set opposite them for any and all purposes:

(1) Encroachment - Encroachment is defined as any protrusion of a vehicle outside of a parking space, display area or access way into a landscaped area.

(2) Landscaping - Landscaping shall consist of any of the following or a combination thereof: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees, or palms; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

(3) Trees - Self-supporting woody plants of species which normally grow to an overall height of a minimum of fifteen (15) feet.

(4) Shrubs and Hedges - A self-supporting, non-deciduous species of plants and normally grown in the City of Kingsland.

(5) Vines - Vines are plants which normally require support to reach mature form.

140.2. Off-street Parking and Other Vehicular Use Areas: Landscaping of off-street parking and other vehicular use areas shall conform to the minimum requirements hereinafter provided.

(1) Installation - The owner, tenant and/or agent, if any, shall be jointly and severally responsible for installing landscaping according to accepted commercial planting procedures with the quality of landscaping installed so as to meet all other applicable ordinances and code requirements of the City of Kingsland. Landscaped areas shall require protection from vehicular encroachment as herein provided in paragraphs 140.2.(5)(c) and 140.2.(5)(i). Qualified representatives of the City of Kingsland shall inspect all landscaping and no Certificate of Occupancy or similar authorization shall be issued prior to landscaping conforming to the requirements herein provided.

(2) Maintenance - The owner, tenant and/or agent, if any, shall be jointly and severally responsible for maintaining such landscaping in a healthy, neat, and orderly condition. The owner shall provide each landscaped area with a readily available water supply.

(3) Plant Materials:

(a) Plant materials used in conformance with provisions of this section shall equal or exceed existing or future standards as set for the State of Georgia. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in sealed containers with Georgia Department of Agriculture tags attached indicating the seed grower's compliance with the Department's quality control program.

(b) Trees shall be species of an average mature spread or crown greater than fifteen (15) feet and trunk(s) which can be maintained in a clean condition with over seven (7) feet of clear wood. Trees having an average mature spread or crown less than fifteen (15) feet may be substituted by grouping the same so as to create the minimum fifteen (15) foot crown spread. Trees shall be a minimum of six (6) feet in overall height immediately upon planting.

Trees of species providing roots known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, unless the tree root system is completely encased within a container for which the minimum interior dimensions shall be five (5) feet deep in compliance with the construction requirements of the City of Kingsland Engineering Department.

(c) Shrubs and Hedges - Shrubs shall be a good quality and in keeping with the architecture and landscaping. Hedges shall be of non-deciduous species and planted and maintained so as to form a continuous, unbroken, solid, visual screening within a maximum of two (2) years after planting.

(d) Vines - Vines shall be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

(e) Ground Covers - Ground covers used in lieu of grass shall be placed in such in such a manner as to present a finished appearance.

(f) Lawn Grass - Grass shall be species normally grown as permanent lawn in the City of Kingsland. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion and providing that in areas where other than solid sod is used, nurse-grass seed shall be sown for early coverage with protection until coverage is otherwise achieved.

(4) Landscaping Adjacent to Public Rights-of-Ways, Including Streets and Walks - The Owner, tenant and/or agent, of an off-street parking or other vehicular use area shall landscape between such area and any adjacent public street, walk or right-of-way as provided below. Landscaping is not required if the area is entirely screened from the right-of-way by an intervening building or structure. Prior to issuance of a Certificate of Occupancy by the Director of Community Planning and Development, this landscaping shall be installed as follows:

(a) A landscaped strip at least five (5) feet wide.

(b) One (1) tree planted within each fifty (50) lineal feet or fraction thereof in a planting area of at least twenty-five (25) square feet with the minimum dimension of at least five (5) feet.

(c) A hedge, wall or other durable landscape screen at least two (2) feet six (6) inches in height.

(d) If the durable screen is of non-living material, one (1) scrub or vine shall be planted abutting the screen for each ten (10) feet but not necessarily evenly spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of the screen or of sufficient height at the time of planting to be readily visible over the top of the screen.

(e) The remainder of the landscaped areas shall be landscaped with grass, ground cover or other landscape material.

(f) All other ground between right-of-way and off-street parking or other vehicular use area shall be landscaped.

(5) Perimeter Landscaping Adjacent to Abutting Properties - The owner, his tenant and/or agent, of an off-street parking at other vehicular use area shall landscape between such area and the abutting property as provided below. Landscaping is not required if the area is entirely screened from the abutting property by an intervening building or structure. Prior to the issuance of a Certificate of Occupancy by the Director of Community Planning and Development, this landscaping shall be installed as follows:

(a) A wall, hedge, or other durable landscape screen at least six (6) feet in height between the common lot line and the off-street parking or other vehicular use area.

(b) Live screening materials shall be planted in a strip not less than eight (8) feet in height.

(c) Perimeter landscaped areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

(d) Where the abutting property is zoned or used for nonresidential purposes, only the tree provision with its planting area as prescribed in this subsection shall apply to the rear and sides; but all perimeter requirements shall apply to the front setback area.

(e) If the property contains both parking and other vehicular use areas, the two areas may be separated to determine the landscaping required by this subsection for the other vehicular use area by multiplying the total number of parking spaces by 400 and subtracting the resulting figure.

(f) Each separate landscaped area shall be a minimum of fifty (50) square feet with a minimum dimension of five (5) feet and shall include at least one (1) tree. The remaining area shall be adequately landscaped with shrubs, ground cover or other authorized landscaping material.

(g) There shall not be less than one (1) tree for each one hundred (100) square feet of the interior landscaped area or fraction thereof.

(h) In areas zoned for industrial use, the requirements shall be reduced by 50% unless greater requirements are imposed for such industrial districts.

(i) All planting areas except those abutting the perimeter of a parking lot or area, shall be raised and curbed.

140.3. Exception: If the application of this subsection will seriously limit the function of the area, the interior landscaping may be located near the perimeter adjacent to a building on the site. Such required interior landscaping which is relocated shall be in addition to the perimeter landscaping required. The front of a vehicle may encroach upon any interior landscaping area when said area is at least three and one-half (3½) feet in width for each abutting parking space and protected by wheelstops or curbing. Two (2) feet of the landscaped area may be part of the required depth of each abutting parking space.

(1) Sign Distance for Landscaping Adjacent to Public Rights-of-Way and Points of Access - No landscaping, tree, fence, wall, or similar item shall be maintained in the vicinity of any corner, street, intersection or accessory intersecting a public right-of-way that the Director of Community Planning and Development of the City of Kingsland, or his designee, determines is an obstruction to visibility, extends into sight lines, or is a traffic hazard.

(2) Existing Plant Material - The Director of Community Planning and Development, or his designee, may adjust the application of the above standards, in part or in whole, to allow credit for healthy plant material on a site prior to its development if, in his opinion, such an adjustment is consistent with the intent of this section.

140.4. Other Applicable Regulations: The provisions of this Ordinance shall be subject to other applicable regulations where such regulations are more restrictive and not otherwise inconsistent with the provisions of this Ordinance.

140.5. Preserving Existing Landscaping During Development

Importance of Preservation.

Preserving the existing landscaping on property benefits the developer, the resident and public. It saves the developer money if he can use existing landscaping to satisfy the landscaping requirements of the Ordinance. The resident benefits because full-grown plant materials are present on the site from the first time the property is used. The general public benefits from existing landscaping because it enhances their view of the property, controls temperature and shades nearby streets and provides other benefits.

140.6. Mechanism for Retaining Existing Landscaping, Vegetation and Trees. The use of existing landscaping can be encouraged through ordinance provisions. One approach is to recommend preservation where possible, another is to require some or all of the existing landscaping to be used to satisfy the landscaping requirements of the Ordinances. Since existing landscaping will probably not be distributed exactly as specified in the Ordinance, some evaluation on the part of the public agency may be necessary to determine whether existing materials will be adequate.

140.6.1. Preservation of Natural Features. In the subdividing of any land, due regard shall be shown to the preservation of all natural features such as tree growth, watercourses, historical and similar community assets, which if preserved will add attractiveness and value to the property.

140.6.2. Existing Trees. Existing trees over five (5) inches in diameter for hardwood and eight (8) inches in diameter for softwood, measured four (4) feet above the base of the trunk, shall be retained whenever possible.

140.6.3. Parking Lot Landscaping. Where possible, existing trees and shrubs should be preserved and incorporated into the landscaping designs.

140.6.4. Planned Unit Development. Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements which are to be constructed in common open space areas must conserve and enhance the amenities of the common open space, having regard to its topography and character. Minimum requirement of Planned Unit Development as specified in the PUD Regulations areas shall be developed for recreation purposes; such recreation land may be part of land designated as common open space.

140.6.5. Permit Existing Materials to Satisfy Landscaping Requirements.

Existing Plant Material: In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Building and Zoning Department may adjust the application of the above mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this section.

140.6.6. Existing Plant Material. Where healthy plant material exists on a site prior to development and provision is made to preserve same permanently, credit may be given for such natural growth areas against the requirements of this Ordinance to the following extent:

1. Such areas must be reasonably distributed throughout the developed area in a manner so as to preserve the general intent and purpose of this Ordinance; and

2. Where such areas are located adjacent to the periphery of the developed area credit for same shall be limited to that which would be required for the first 100 feet parallel to, and immediately adjoining, such periphery.

140.6.7. Existing Landscape Material. Existing landscape material shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the public approval authority, such material meets the requirements and achieves the objectives of this article.

140.7 Site Plan Review. Sometimes approval of a site or landscaping plan is required before existing landscaping can be disturbed.

140.7.1. Preservation of Natural Features and Amenities.

General. Existing features which would add value to residential development or to the local government as a whole, such as trees as herein defined, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade.

140.7.2. Natural Vegetation. Vegetation shall not be removed unless the site plan and the plan for vegetation clearing is approved by the Planning Commission for conditional uses or Director of Community Planning and Development for permitted uses subject to all the provisions of this Ordinance.

140.8. Tree Removal and Conservation of Vegetation.

140.8.1. General Standards for Tree Removal and Conservation of Vegetation.

All subdivisions shall be planned, designed, construed and maintained so that:

1. Existing healthy trees and native vegetation on the site are preserved to the maximum extent feasible and are protected by adequate means during construction;

2. Existing native vegetation is not disturbed, injured or removed prior to site development, except to the extent necessary for the preparation of a tentative map;

3. Following construction, vegetation suitable to the site is planted in conformance with an approved Vegetation Preservation and Protection Plan;

4. Existing trees are preserved within any right-of-way when such trees are suitably located, healthy, and when approved grading allows;

5. No slash, dead trees, or up-rooted stumps remain after development;

6. Appurtenances, such as television antennas, signs and street lights are not attached to trees; and

7. Any topsoil removed from building sites, parking areas, driveways and other locations is temporarily stored for future use in accordance with the requirements of the City of Kingsland.

140.8.2. Vegetation Preservation and Protection Plan.

1. The applicant shall submit as part of the Information Report an accurate survey identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing.

2. The applicant shall submit, as part of the Information Report, a Vegetation Preservation and Protection Plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted, and the measures to be taken to satisfy the standards stated in Landscaping Ordinance.

3. The survey and plan required by Section 140.7 of the Landscaping Ordinance may be combined, where appropriate, with the reports and plans required in the Land Development Ordinance.

4. On undeveloped land (where building permits have not been issued or subdivisions approved), it is forbidden to destroy more than 25% of the trees on any one parcel of real estate within a five-year period. A site plan must be reviewed by the Director of Community Planning and Development before development can proceed. The developer must specify the location of existing trees of a certain size, indicating those which will remain and those which will be removed. All changes in grade must be indicated. Provisions for protecting trees during development must be specified. The builder is required "to erect suitable protective barriers around all trees specified to be maintained and shall not allow storage of equipment, materials, debris, or fill be placed in this area except as may be necessary for a reasonable time if no other storage space is available". The Director of Community Planning and Development shall assure that trees in lawns or paving areas are retained. If the site plan is disapproved, the report must be in writing.

140.9. Determination of a Tree Worthy of Preservation. For the purpose of this Ordinance, a tree shall be deemed worthy of preservation if it can be reasonably determined by the Director of Community Planning and Development to have a remaining life space equal to or greater than that of the structures proposed in the site plan or subdivision plat or which is unique by reason of size, age, or some other outstanding quality, such as rarity or status as a landmark or species specimen.

When tree removal is occasioned by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan shall, upon approval by the Director of Community Planning and Development, constitute a tree removal permit.

140.10 Review of Application.

140.10.1. Upon receipt of the permit application, the Director of Community Planning and Development shall visit and examine the site. If he/she determines that the plan will destroy no more trees than reasonably necessary to achieve the proposed development, he/she shall approve it.

140.10.2. If the Director of Community Planning and Development determines that the plan will destroy more trees than reasonably necessary to achieve the proposed development, he/she shall cause it to be modified sufficiently to bring it within the requirements of this part. Prior to modification of any proposed tree preservation plan, the Director of Community Planning and Development shall visit and examine the site.

140.10.3. The Director of Community Planning and Development shall act upon the permit application within thirty (30) days after receipt. Failure to act upon it within such time shall constitute approval.

140.11. Standards for Review. Prior to modifying or rejecting the proposed limits of clearing in any tree preservation plan, the Director of Community Planning and Development shall consider the following factors:

140.11.1. The extent to which the actual or intended use of the property, in accordance with the regulations of the zoning district in which the property lies, requires cutting down or destruction of trees.

140.11.2. The hardship to the applicant which will result from a modification or denial of the requested permit.

140.11.3. The desirability of preserving any tree by reason of its size, age, or some other outstanding quality, such as uniqueness, rarity or status as a landmark or species specimen.

140.11.4. The extent to which the area would be subject to increased water runoff and other environmental degradation due to removal of the trees.

140.11.5. The heightened desirability of preserving tree cover in densely developed or densely populated areas.

140.11.6. The need for visual screening in transitional zones, or relief from glare, blight, commercial, industrial ugliness or any other affront to the visual sense in any part of the City.

140.11.7. The effect that changes in the natural grade will have on the trees to be preserved.

140.11.8. Earthmoving and Defoliation: A permit shall be required for earthmoving, grading defoliation of property other than for the construction of a private road or drive, or single-family homesite. The Director of Community Planning and Development may withhold issuance of a permit for grading, bulldozing defoliation or the destruction of trees where in his opinion the application:

1) May cause a needless, wasteful or purposeless destruction of trees, and

2) Does not provide for sufficient or timely replanting to compensate, as much as reasonably possible, for the removal of grass, foliage or trees.

Application shall be reviewed and approved or denied within thirty (30) days of submittal, otherwise such applications shall be considered approved by the Director of Community Planning and Development. In the event an application is denied the reasons therefore shall be reported, in writing, to the applicant.

140.12. Public Nuisance. Any tree or shrub, or parts thereof growing on public or private property which interferes with or endangers the use of public street or other public place within the incorporated area of the City that in the opinion of the City Council endangers the life, health, safety of property of the public, shall be declared a public nuisance. The owner shall be notified in writing or by publication in a local newspaper of the existence of the nuisance and given reasonable time for its correction or removal.

If not corrected or removed within the time allotted, the Director of Community Planning and Development shall cause the nuisance to be corrected or removed and the cost shall be assessed to the owner.

Where a site has been stripped of its vegetation in violation of this section, or where no replanting has occurred as called for in the specifications of an approved site plan, the Director of Community Planning and Development may require the planting [of] grass, trees or foliage on the entire property. In each event, the Director of Community Planning and Development shall give written notice to the owner of the property specifying the type and amount of replanting and providing a reasonable period of time for its accomplishment.

Grading of property which results in greatly increased water run-off, siltation, erosion, and/or unsightly and objectionable appearance and which is wholly incompatible to surrounding properties shall constitute a public nuisance in violation of this resolution, unless a replanting schedule has previously been accepted by the City.

140.13. Destruction of Natural Ground Cover. No person, except pursuant to a written order of the fire chief shall denude and destroy the natural cover of any water shed, except for the immediate use and occupation of the property so denuded in accordance with and subject to all applicable provisions of the Zoning Ordinance, and the Building Code.

1) A provision for an inventory of the trees prior to commencement of building;

2) A prohibition against butting or filling around the base of certain trees more than so many inches high or deep;

3) A requirement that damage to a tree shall be reported so that it can be treated according to City specifications;

4) A prohibition against the storage of oil, gas, chemicals, or other construction material around certain trees;

5) A requirement that drains be installed according to City specification to divert excess water from trees to be saved;

6) A prohibition against the attachment of signs or wires to the trees to be saved.

The specifics of such requirements will, of course, vary highly depending upon the topography and the type of trees indigenous to the area.

140.14. Zoning and Land Development Ordinance. Except as specified by the Zoning and Land Development Ordinance, existing trees of negotiation shall not be removed, destroyed or damaged unless approved by the Director of Community Planning and Development. The Director of Community Planning and Development shall issue permit for removal of existing trees negotiation before trees or vegetation are removed.

140.15. Tree Protection.

140.15.1. During construction protective barriers shall be placed around the trunks of all trees to be retained on the site to prevent the destruction or damaging of the trees.

140.15.2. If at all practical, underground utility lines, curbs and other above-grade structures should be routed around existing trees to the outside of the drip line of the tree. In the event that this is not feasible, a tunnel made by a power driven soil auger may be placed under the tree for installation of utility lines, or a trench passing by the side of the tree may be used for construction of curbing or to accommodate the installation of utility lines. If a trench is used, care should be taken that as few roots as possible are cut, that the cuts are made cleanly and that the root ends are painted with a wound dressing of asphalt base paint and immediately covered with soil.

140.15.3. No wires or utility service attachments, other than those of a protective nature, shall be attached to any tree.

140.15.4. Subsequent to construction or the satisfactory stabilizing of a tree, all protective devices shall be removed. The owner of the project on which the tree is located, the applicant for a tree permit or the individual performing physical moving of a tree shall be fully liable and responsible for removal of the device.

140.15.5. All trees transplanted pursuant to this chapter shall be maintained alive and healthy in the site of transplantal for a period of six months. Any of such trees which die within such six (6) months shall be replaced by the applicant. The Building Department shall retain jurisdiction to insure compliance with this section.

140.16. Plant Material Protection Methods. During the construction period, the developer shall abide by the following plant material protection methods:

140.16.1. There shall be no excavation on the site before the owner's engineer or his duly appointed representative has approved the location of the stake-out of the drives, parking sites, and building sites. No storage of materials shall be permitted except in drives, parking areas, or building sites. Heavy equipment shall be limited to the actual area that drives and buildings will occupy. No vehicles of any kind shall pass over areas designed as greenbelt areas on the drawings.

140.16.2. The contractor shall be fully responsible for any damage caused to existing trees or other vegetation. He shall carry the responsibility both for his own men and for all subcontractors from the first day of construction until the notice of completion is filed.

140.16.3. The contractor shall provide appropriate fencing around all trees within ten (10) feet of construction. Where possible such rending shall be at least five (5) feet from the tree trunk.

140.16.4. All pedestrian traffic shall be limited to the actual construction site. There shall be no foot traffic over areas classified as greenbelt and marked on the plans as such (common area on condominiums, other than streets, parking bays, etc.)

140.16.5. There shall be no dumping of chemicals of any kind on soil or in places where chemicals may find their way into a drainage channel. This shall include herbicides used under paving. The Director of Community Planning and Development shall designate areas where stockpiling of soil material may take place. No surplus soil shall be piled against tree trunks.

140.16.6. All removal of tree branches shall be done in accordance with the best tree surgery methods. All wounds shall be sealed with tree seal. Debris shall be removed from the site.

140.16.7. In areas where structures, such as wood decks, project over existing root areas, there shall be hose bibs provided within reasonable distance or there shall be a permanent watering system installed.

140.16.8. In areas where tree trunks project through a deck or roof structure, adequate allowance for the expansion of the trunk shall be made.

140.16.9. No fires which would damage existing trees or vegetation of any kind will be permitted on the property.

140.16.10. All trees designated to be removed shall be filled in such a manner that in the process of removal no other trees or shrubs designated to remain will be damaged. The contractor shall designate to the Director of Community Planning and Development or his duly appointed representative how he intends to fell such trees. When it is impossible to fell a tree without damage to other trees, the contractor shall remove the tree in sections by roping each section.

140.16.11. At the start of the work, the owner's engineer shall delineate the property lines. The contractor shall not trespass with vehicles or pedestrian traffic on the adjacent properties. Special care shall be taken in the removal of tree trunks and roots that are located close to trees on neighboring property. Branches that originate from trees on the adjacent property but overhang the project site shall be removed only with permission of the State Forester.

140.16.12. Boulders uncovered in the grading or excavation operation may be relocated in greenbelt areas where they conform with the native surroundings. The owner or his architect shall be placed under the direct supervision of the owner or his duly appointed representative and shall be settled in the ground so that it will be:

1) Safe and will not move.

2) Achieve as natural an appearance as possible.

140.16.13. Tree trunks shall not be used as sign posts, supports for temporary power or similar purposes. There shall be no nailing into tree trunks and trees shall not be used to brace forms of any kind.

140.16.14. In the cases where the contractor is required by the plans and specifications to come within a six foot distance of a tree to be saved, the owner assumes the responsibility for such trees. The contractor's responsibility is to adhere to the tree protection specifications, and to exercise particular care. If by no fault of the contractor, the tree declines or dies, the contractor shall not be held responsible for it.

140.16.15. Reforestation Program Requirement. The number of trees required on any development area shall be determined by using the ratio of one (1) tree for each one-tenth ( 1/10 ^th ) acre.

140.16.16. Credits for Preserving Existing Trees. Credit may be received on the reforestation requirement by preserving existing trees, except on the perimeter tree planting requirements unless the location of the preserved tree is within the perimeter area.

Preserved trees deemed eligible for credit shall be healthy and of such quality as acceptable to the Director of Community Planning and Development. In order to maintain the tree, fifty (50) percent of the ground area under and within the drip line of the tree shall be preserved from the tree trunk out to the edge of the drip line and shall be maintained in either vegetative landscape material or previous surface cover except when the Director of Community Planning and Development determines that lesser areas and other ground cover treatment will provide sufficient nourishment for the continued growth of the preserved tree.

140.16.16.1. Each new tree must be planted in a landscape area of not less than twenty-five (25) square feet. To insure the proper development of the tree's crown, no tree counted as credit shall be planted closer than fifteen (15) feet on center. Each tree planted for credit in compliance with this Ordinance shall be given credit against the landscape area requirements of this Ordinance according to the following schedule:

The above list of trees shall not be construed as being all-inclusive, but shall be considered as representative. Trees not named above may be permitted and shall be included in the category which contains trees most similar in size at maturity.

140.16.16.2. Trees which are preserved shall receive credit against the landscape area requirements according to the following schedule:

Caliber - Average diameter of the tree measured four (4) feet above the ground level.

These credits shall apply where the preserved tree is in a planting area whose least dimension is one-half (½) the radius of the crown spread of the tree measured from the trunk center and where no grade changes within the landscape area are anticipated. In no case shall this least dimension be less than two and one-half (2½) feet. The ground surface within such preserved planting areas shall be maintained in a vegetative cover. Credit allowed for preserved trees shall be in addition to the actual square footage of planting area within which the tree is located.

Conditions for relocation and replacement. As a condition to the granting of a tree removal permit, the applicant will be required, where practical, to relocate, remove or replace the trees on the site as follows:

140.16.16.3. Relocation.

(1) All trees on the site which are to be removed may be relocated on the site within the building area or the yard area.

(2) If it is impractical to relocate a tree which must be removed and replanted, it may be removed and replanted on city-owned property at the city's expense, and at the City's option.

(3) If it is impractical to relocate and replant such trees to be removed either on the site or off the site, because of age, type or size, the tree may be destroyed or the applicant may be required to redesign the project to preserve the tree.

(4) In the event that a tree is permitted to be destroyed, an applicant may be required to replace the tree with new trees of comparable size, nature and beauty, as determined by the Board. In no instance, however, shall the replacement tree be less than fifteen (15) feet in height and three (3) inches in diameter.