The purpose of this article is to promote site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction; contribute to the long-term viability of existing trees; and to prohibit clear-cutting of trees. It is the further purpose of this article to achieve the following broader objectives:

This article applies to all property in the City except for:

In this section, a tree removal property one acre or less, in a residential district is considered to be vacant when an application is made for a demolition permit for a single-family or duplex structure. The Director of Development Services or designee shall not waive mitigation of Protected Trees for an area greater than seventy percent (70%) of the tree removal property. Trees must be mitigated on a pro-rata basis if the development impact area exceeds seventy percent (70%) of the tree removal property.

In the event it becomes necessary to remove a tree for development or construction, a Tree Removal Permit shall be required. New construction shall include Residential, Nonresidential, Special Developments, Planned Developments and individual contractor builders shall be required to meet the criteria herein specified and shall require a Tree Removal Permit for the removal of any Protected Tree. During platting, a permit shall be issued after preliminary plat approval by Planning and Zoning Commission.

All municipal or public domain property shall be subject to this Article regarding protection and replacement specified. A Tree Removal Permit shall be required with fee exemption for the removal of a Protected Tree. Any Protected Tree to be removed must be shown on construction plans approved by the Director of Development Services or designee.

All construction and maintenance activity within public R.O.W. or easements shall be subject to the requirements for tree protection and replacement specified in this article.

No fee shall be charged to make application for a tree removal permit for the removal of Protected Trees located on real property having an agricultural zoning district classification. However, if within any 12-month period, (i) tree removal permits for the removal of twenty (20) or more Protected Trees are issued for the same agricultural property or tract, or any of its portions, or (ii) fifty percent (50%) or more of the trees on the property (where the number of trees on the property prior to removal is reasonably determined to exceed forty (40) or more trees) have been removed, the agricultural zoning district classification of such property cannot be changed, nor can an application for approval of a subdivision plat, planned development or zoning amendment relative to such property be made, for a period of 24 months following the most recent 12-month period during which twenty (20) or more Protected Trees were removed, or fifty percent (50%) or more of the trees on the property have been removed, from such agricultural zoned property.

Permits for tree removal shall become void one hundred eighty (180) days after the issue date on the permit.

Additional requirements for the tree survey on commercial tracts of land shall require a complete tree survey, which shall include the following:

With the submittal of a concept plan or preliminary plat, whichever occurs first for property containing large, heavily wooded areas, the Director of Development Services or designee may, in lieu of a tree survey, authorize the submittal of an aerial photograph accompanied by a transparent plan of the development at the same scale as the photograph, showing all non-disturbance areas and proposed exemption areas where no trees will be critically altered.

For heavily wooded areas where development activity and disturbance is intended or likely, the Director of Development Services or designee is authorized, but not required, to accept sampling of the property in lieu of a tree survey for all or any part of a property, provided that a tree survey of all other areas is submitted to the Director of Development Services prior to any grading or construction. Said Sample or sampling techniques should be representational of the site or wooded area and should comprise at least fifteen percent (15%) of the total site or wooded area and the sampling technique shall be approved by the Director of Development Services or designee prior to conducting the sample.

The Director of Development Services or designee may approve the submission of photographs or samples in phases for a multi-phase project.

Tree canopy cover assessment for old-field and undeveloped lots, two (2) acres or larger, in early succession stages will constitute a fifty percent (50%) reduction of Class 3 trees when:

If a property contains no Protected Tree species, or if construction, grading, trenching or related activities are not to be performed in an area containing Protected Trees, the applicant may submit an Affidavit of No Protected Trees in lieu of a tree survey. This affidavit shall act in lieu of a tree survey upon a determination by the Director of Development Services that no Protected Trees exist on the site. The Director of Development Services shall review the Affidavit. The Affidavit shall be denied or approved when determined if the property contains Protected Tree(s) or non-protected tree(s) by the Director of Development Services.

A tree preservation plan shall be submitted showing major site construction features, existing trees to remain, existing trees that may be removed, and replacement trees showing species, location, number and size. The Tree Preservation Plan information may be included on the tree survey if all information can be clearly delineated.

The tree endangers the public health, welfare of safety and immediate removal is required due to structural integrity concerns.

The tree has disrupted a public utility service due to a tornado, storm, flood or other act of nature. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.

All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business.

Tree removal is permissible when a tree is infected with transmittable pathogens, damaged beyond the point of recovery, or in danger of falling as determined by the Director of Development Services or designee prior to the removal of the tree.

Owners of property zoned as residential, who reside at the property and use the residence as their primary residence. Citizens of Lancaster who have a homestead within the City of Lancaster and own residential rental properties shall have an exemption on a maximum of two (2) properties for removal of Protected Trees.

The building foundation and an area extending ten feet (10') from the building foundation as shown on an approved Site Plan shall be exempt from tree replacement and mitigation.

The Director of Development Services or designee shall evaluate any plans required by this article for determination that the applicant has made a good faith effort in saving as many Protected Trees as possible. An analysis prepared by the Director of Development Services or designee shall be forwarded to the Tree Board and the City Council for their consideration regarding denial or approval of the development in accordance with the procedures set forth below. The Director of Development Services or designee shall be responsible for the review and approval of all requests for tree removal permits submitted in accordance with the requirements specified herein.

The Director of Development Services or designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this article. All tree removal permits shall be accompanied by a payment made to the City of Lancaster in the amount established by resolution of the City Council to cover the cost of review and passed by Resolution.

Established and healthy Protected Trees on a tree removal property may be transplanted within the City. The transplanting process must conform to operational and safety standards stated in ANSI A300, as amended, and with ISA Best Management Practices for Tree Planting, as amended.

Minimum requirements for the protection of all Protected Trees on the development and construction site related, but not limited to, streets, parking lots, building sites, driveways and sidewalks shall be strictly adhered to. This shall include:

All trenching shall be designed to avoid trenching across the critical root zone of any Protected Tree. Although this is not intended to prohibit the placement of underground service such as electric, phone, gas, etc., the placement of these utilities is encouraged to be located outside of the critical root zone of Protected Tree(s). Irrigation system trenching shall be placed outside the critical root zone with only the minimum required single head supply allowed within that area placed radically [radially] to the tree trunk and shall be hand trenched with roots cleanly cut or use of air spade to reduce damage.

Prior to and during development and construction, the following activities shall be prohibited. The Director of Development Services or designee shall be authorized to provide more detailed explanations by publication of Tree Preservation Guidelines or by attachment of conditions to any permit issued pursuant to this article. All such directions shall be strictly adhered to.

In the event that it is necessary to remove a Protected Tree(s) as authorized by this article, the applicant shall be required to replace the tree(s) being removed with approved trees.

Except as provided in this section the minimum total caliper inches of replacement trees must equal or exceed the total diameter of the protect[ed] trees removed or seriously injured as listed below:

The Director of Development Services or designee shall determine the agent responsible for replacement, the time frame for replacement and the location of the new trees. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Director of Development Services or designee has the authority to allow the planting to take place on another property, including public property. If the Director of Development Services or designee approves the planting of replacement trees more than thirty (30) days after the removal of Protected Trees, the applicant shall provide the City with an affidavit that all replacement trees will be planted within six (6) months and maintained by the applicant for a minimum of two (2) years in good condition. Developers shall plant all the replacement trees identified on the Mitigation Plan. The Director of Development Services or designee shall document the date of replacement trees on the reforestation plan and record for review of the 2-year commitment.

Inasmuch as it is reasonable and feasible, replanting on the development or construction site will be encouraged in order to restore the original natural landscape character of the site.

If the Director of Development Services determines that, due to inhospitable soil. conditions or inadequate space, it would be impracticable or imprudent for the responsible party to plant a replacement tree on the tree removal property the responsible party may comply with one or more of the following requirements:

New developments incorporating Traditional Neighborhood Design with a minimum of fifteen percent (15%) open space, Conventional Design with a minimum of twenty percent (20%) open space) or Conservation Design with a minimum of twenty-five percent (25%) open space and the provision of street trees shall be exempt from the mitigation applicable for Protected Tree loss within rights-of-way (R.O.W.) areas. For purposes of this section the following apply:

Any required replacement trees shall not be planted within an area such that the mature canopy of the selected tree will interfere with overhead utility lines.

Any required replacement trees or street trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utility lines (including water lines, sewer lines, transmission lines or other utilities). Selection of tree species whose root systems are the least invasive to utilities may be considered.

No trees shall be planted within ten feet (10') of a fire hydrant.

No street trees shall be planted closer than thirty-five feet (35') of any street corner, measured from the point of nearest intersecting curbs or curb-lines.

The City shall maintain a list of acceptable trees for planting along streets, buffer yards, medians, within parks, or within other public areas. Trees other than those listed as acceptable may only be planted within said public areas upon approval of the Director of Development Services.

The spacing of street trees will be in accordance with recommendations of the Director of Development Services. Closer spacing or group plantings may be approved by the Director of Development Services in unique situations.

HOAs, public improvement districts (PIDs) or property owners shall maintain a clearance above the street level of fourteen feet (14'), seven to eight feet (7' to 8') above sidewalks, and branching of trees out of the Visibility Triangle. Landscape maintenance of street trees to accommodate buses and service vehicles shall be incorporated into homeowner association and business agreements. HOAs and PIDs will be responsible for replacement of trees along public rights-of-way within their neighborhoods.

The City shall have the right to prune and maintain street trees, and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public health, safety and welfare. The City may, by determination of the Director of Development Services or designee, remove, cause or order to be removed, any tree or part thereof which is in an unsafe condition; or which by reason of its nature may be injurious to sewers, electric power lines, gas lines, water lines, vision clearance or other public improvements.

No developer's agreement shall be approved which does not state that all construction activities shall meet the requirements of this article.

No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of this article.

No acceptance of public improvements shall. be authorized until all fines for violation of this article have been paid to the City or otherwise disposed of through the Municipal Court. No acceptance of public improvements shall be authorized until all replacement trees have been planted, or appropriate payments have been made to the Reforestation Fund; however, the acceptance of public improvements may be authorized before all trees have been replaced provided a fiscal security deposit is posted in the amount equal to one and one-half times (1-1/2 x) the prevailing rate for installed trees with a two (2) year guarantee, plus fifteen percent (15%) to cover administrative costs. Said deposit shall be forfeited if subject trees are not planted within thirty (30) days of notification by the Director of Development Services or designee.

No Certificate of Occupancy shall be issued until all fines for violations of this article have been paid to the City or otherwise disposed of through the Municipal Court. No Certificate of Occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Reforestation Fund; [provided,] however, that a Certificate of Occupancy may be granted before all trees have been replaced provided a fiscal security deposited is posted in the amount equal to one and one-half times (1-1/2 x) the prevailing rate for installed trees with a two (2) year guarantee, plus fifteen percent (15%) to cover administrative costs. Said deposit shall be forfeited if subject tree(s) are not planted within thirty (30) days of notification by the City of Lancaster.

In addition to any criminal penalty for violation of this article, any person, firm, corporation, agent, City, state, or federal organization or employee thereof who violates the provisions of this article where such violation results in the removal or damage to applicable trees shall be guilty of a misdemeanor and upon conviction shall be assessed a civil penalty of one hundred ninety-five dollars ($195.00) per diameter inch of the tree(s) removed or damaged.

The unlawful injury, destruction or removal of each Protected Tree shall be considered a separate incident, and each incident subjects the violator to the penalty set forth herein per tree. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.

It shall be deemed a violation of this article for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first adhering to the requirements of this article and procuring approval from the Director of Development Services.

Violations of this article and nonpayment of fines levied will be attached to property involved through standard legal methods.

Any person, firm, corporation, agent, City, state, or federal organization or employee thereof who violates a procedural requirement or who fails to comply with conditions established with a permit issued by the Director of Development Services or designee pursuant to this article shall be guilty of a misdemeanor and upon conviction shall be fined five hundred dollars ($500.00) per violation. Each procedural violation or failure to comply each day shall be considered a separate incident, and each incident subjects the violator to the penalty set forth herein.