(a)   In case the trunk is at an angle, the trunk is measured perpendicular to the trunk four and one-half (4.5) feet along the center of the trunk axis.

(b)   When the trunk is on a slope, the trunk is measured four and one-half (4 .5) feet up the trunk of the tree on the uphill side of the tree.

(c)   When the trunk branches or splits less than four and one-half (4.5) feet from the ground, the trunk is measured at the smallest cross-sectional diameter below the lowest branch.

(d)   For multi-stemmed trees, all the trunks are measured, adding the total diameter of the largest trunk to one-half (0.5) the diameter of each additional trunk.

(a)   The tree has a minimum DBH of four (4) inches and is an American Elm, Bur Oak, Blue Ash, Buckeye, Chinkapin Oak, Kentucky Coffeetree, Shellbark Hickory, Shumard Oak, or Yellowwood;

(b)   The tree has a minimum DBH of twelve (12) inches;

(c)   Tree which is determined by the Division of Environmental Services to be of unique and intrinsic value to the public because of its size, age, historic association or ecological value or any tree designated a State Champion, United States Champion or World Champion. A record of all specimen trees so designated and their location shall be kept; or

(d)   The tree is determined by the Division of Environmental Services or other appropriate state or federal governmental official to provide unique habitat for any endangered or threatened wildlife species protected by law.

(a)   The distance from the center of the bole of the tree to the outermost drip line, plus ten (10) feet buffer from the drip line; or

(b)   The Critical Root Zone (CRZ).

(a)   On-Site Meeting. Prior to the submission of an initial planning application (i.e., development plan or subdivision plan), the owner/developer shall contact the Urban Forester who will determine if an on-site meeting with the developer's design professional and/or pertinent LFUCG staff is necessary.

(b)   Preliminary Development Plan Requirements. A Tree Inventory Map (TIM), in a number of copies specified by the Division of Planning, shall be required to be filed as a part of any initial application for approval of a preliminary development plan. TIMs shall be conducted by an International Society of Arboriculture (ISA) Certified Arborist or by a registered Landscape Architect. TIMs conducted by an ISA Certified Arborist shall have their certification number provided and those prepared by a registered Landscape Architect shall have their stamp or registration number provided on the map. If a TIM is not provided at the time of filing in a full and complete form, the plan application shall not be considered as properly filed and may be rejected for submittal by the Division of Planning. This map shall be provided at the same scale as the preliminary development plan and shall contain the following information at a minimum:

1.   The locations of any tree clusters or stands, including perimeter fence line trees, fences, and any significant trees (showing the full canopy(ies) on both sides of a property line in accordance with Section 26-6(d), Perimeter Trees).

2.   The species of trees noted in Section 26-2. This information can be generalized as a single note calling out any significant trees

3.   Existing canopy coverage (location and extent expressed as a percentage of the property) to be included in the site statistics on the subdivision or development plan.

4.   Location of blue-line or first-order streams and other water bodies.

5.   Soil type and location.

6.   Existing topographic contours in at least five-foot intervals.

7.   Location of Environmentally Sensitive Areas and features such as sinkholes, slopes greater than fifteen percent (15%), floodplains, springs, wetlands, or other Environmentally Sensitive Areas (ESAs) as defined under the Land Subdivision Regulations.

8.   Existing easements for utilities and other purposes.

(c)   Final Development Plan and Preliminary Subdivision Plan Requirements. A Tree Preservation Plan (TPP) shall be required to be filed as a part of any initial application for approval of a preliminary subdivision or final development plan. If the TPP is not provided at the time of filing in a full and complete form, the plan application shall not be considered as properly filed and may be rejected for submittal by the Division of Planning. This report shall contain the following map and text information at a minimum:

1.   The information contained in the Tree Inventory Map, in a final form based upon field review information obtained since the preliminary development plan.

2.   Proposed tree protection areas, including required buffers.

3.   Proposed tree removal areas, including justification for removal and any mitigation measures to be taken.

4.   Generalized planting plan and location for new trees as required in this Article, including trees required to satisfy other LFUCG landscaping requirements. (See Sections 26-5(a) and 26-7.) Sites not required to prepare a landscape plan per Article 18 of this Zoning Ordinance shall show planting requirements per the LFUCG Planting Manual or the LFUCG Stormwater Manual for Riparian Planting Areas.

5.   Sufficient information on proposed limits of grading, cut and fill areas, equipment storage areas, retaining walls, and, where appropriate, proposed detention areas, lot locations and similar activities, so that the impact on tree areas can be assessed.

6.   Existing and preliminary easement locations for utilities and other purposes including type, i.e., above or underground.

7.   Post-development canopy coverage and the methodology used under Section 26-5(e).

(d)   Review of Development Design. The basis for review of a TPP shall be the design of a development so as to protect and preserve the greatest number of trees as is reasonable and practical. Individual trees should be removed only as necessary to carry out permitted development under the approved zoning of the site or to achieve the objectives of the Comprehensive Plan such as to provide continuity in the design of collector streets, stormwater facilities, or similar infrastructure elements; and provided that the design of the development has maximized the preservation of tree stands and significant individual trees. Consideration should be given by the Planning Commission to alternative street cross-sections, street geometrics, or site design in accordance with Section 1-5, Variances, of the Subdivision Regulations, where the developer has established that trees will be properly preserved as a result of such alternative designs and/or techniques. The Planning Commission may approve waivers of street layout and grade requirements based on a thorough examination of alternative site concepts and a finding that the proposed waiver is the minimum necessary in achieving a safe and reasonable design.

(1)   All residential and nonresidential uses in agricultural zones: Thirty percent (30%) of existing only. See Subsection (c) of this section, Agricultural Standard Exceptions.

(2)   All residential zones, including PUD-1, M-1P: Thirty percent (30%).

(3)   B-2, B-2A and B-2B zones: zero percent (0%).

(4)   P-1, P-2, B-1, B-3, B-5P, B-6P and CC zones: Twenty percent (20%).

(5)   B-4, I-1, I-2 and ED zones: Ten percent (10%).

(6)   All mixed use zones: Ten percent (10%).

(a)   Sites with Insufficient Trees. It is recognized that some sites do not have a sufficient number of trees to meet the tree canopy standards established above. In those situations, the existing trees on the site are to be retained to the maximum extent feasible, and additional trees are to be planted to meet the minimum canopy requirements. Any trees required to be planted and maintained by any other Article of this Zoning Ordinance and Land Subdivision Regulations shall be counted in determining compliance with the provisions of this section. Street trees required by the Subdivision Regulations, trees required by Article 18 of this Zoning Ordinance, and other trees planted on the property may be counted toward the canopy coverage requirements with the credit to be as provided in Subsection (d) of this section, as well as trees planted in and adjoining retention basins when done in accordance with the LFUCG Stormwater Manual. Floodplain reforestation, when done in accordance with said Stormwater Manual may be fully counted as the actual square footage of the land area to be reforested.

(d)   Fencing Along Agricultural Land. The location of any required boundary fencing per Section 6-3 of the Land Subdivision Regulations may be located off the property line to protect designated trees in an approved TPP.

(e)   Calculation of Tree Canopy Cover. Tree canopy coverage may be determined by one (1) of the following:

1.   Existing Canopy Area.

a.   By calculating the percent of cover in relation to developable area using aerial photography interpretation.

b.   By field measurement of the square footage of the existing tree canopy using the following formula:

c.   By field measurement of the square footage of the existing tree stand canopy using the following formula:

2.   New Canopy Credit. In areas where the predevelopment canopy is less than the canopy required by this section, a landscape credit shall be used to determine post development canopy for trees that are to be planted. Trees shall be planted in accordance with the landscaping requirements set forth in Section 18-4 (c), Plants, of this Zoning Ordinance and the LFUCG Planting Manual for the following sizes of the trees. Landscape credit is given for planted trees only. The following credits represent categories of trees only, not installation sizes:

a.   Each Small Tree = one hundred (100) square feet.

b.   Each Medium Tree = four hundred (400) square feet.

c.   Each Large Tree = seven hundred fifty (750) square feet.

(f)   Waiver of Standards. Permission to waive the required canopy from the standards of this section shall reside solely with the Planning Commission as a part of the plan approval process. Such waiver shall only be made by the Commission upon finding of one (1) or more of the following:

1)   The full application of the standards would constitute an undue hardship on the property by not allowing a reasonable use of the property. Restriction of some use of the property in order to preserve the trees shall not be deemed to be an undue hardship on the property.

2)   The full application of the standards would constitute a safety hazard or other danger to the public welfare.

3)   The full application of the standards would preclude necessary public facilities and that no other reasonable alternative exists.

(g)   Treatment of Distressed Trees. Any tree meeting the definition of a distressed tree shall not be permitted to be utilized for the purposes of meeting the requirements of this Article.

(a)   Riparian Trees. It is recognized that riparian areas constitute unique habitat that require special treatment to protect and not impair the stream and its associated buffer. It is the intent of this Article to promote the conservation of riparian buffers. Due to their special benefits in managing flooding, enhancing water quality, filtering point and non-point source pollutants, cooling water by shading, providing habitat, and providing important aesthetic and recreational benefits, existing riparian trees shall be afforded the highest preservation and protection priority. The designation, size, and design of riparian buffers shall be in accordance with the provisions of the LFUCG Stormwater Manual. Construction and/or disturbance will not be permitted in the designated riparian buffer except for the following activities and only when deemed necessary and contained within an approved TPP:

1.   Roadways and utilities.

2.   Sanitary sewer, sewer manholes, and other utility access facilities.

3.   Storm sewer pipe outlets.

4.   Flood control basins and related practices or facilities.

5.   Water quality practices that do not disturb below the normal top of the bank of the stream.

6.   Pedestrian and bicycle paths and crossings.

(b)   Trees in Steep Slope Areas or Sinkholes. The next highest priority for preservation shall be trees located in areas of steep slope or within sinkholes where the sinkhole is to be left as open space. No trees shall be removed from any area with a slope exceeding fifteen percent (15%) or a sinkhole without the prior approval of the Urban Forester.

(c)   Greenway Trees. No tree in an existing or planned greenway shall be removed without the prior approval of the Urban Forester. Trees shall be removed only if dead or distressed, or as necessary to achieve required sight distance for streets or similar safety related reasons.

(d)   Perimeter Trees. Perimeter trees shall be eligible for inclusion in the calculation of required canopy only where a developer can demonstrate ownership of such trees and the ability to protect them during construction. The existing tree canopy of perimeter trees shall be retained. The actual tree canopy area covered shall count toward the requirements for the post-development canopy retention, even though portions of the canopy may lie outside the property boundary, provided that a private easement or similar instrument can be executed assuring the natural life of any off-site tree canopy(s) counted for the requirements here. If the development plan and the TPP indicates that disturbance near the perimeter trees is proposed, the canopy of the perimeter trees shall not be counted toward the requirements of Section 26-5 unless the disturbance will be located at or beyond the Tree Protection Area.

1.   Fencing at least three (3) feet tall, clearly visible with signage posted every one hundred (100) feet, and lettered with three-inch-high letters clearly identifying the TPA shall be used to surround all tree protection areas. The tree protection fencing will be placed at a distance equal to or greater than the critical root zone of the tree(s) to be protected. Any proposed TPA areas less than the minimal standards can only be delineated by approval of the Urban Forester. Written approval by the Urban Forester that the TPA requirements have been installed shall be provided to Division of Engineering prior to approval of an erosion control plan or the issuance of any land disturbance permit or other construction activity. The fencing shall be maintained and remain standing until issuance of the Certificate of Occupancy or until the Urban Forester has determined that construction activity has ceased to the point that the fencing may be removed or that the fence may be relocated to permit final grading provided the activity will not adversely affect the health of protected tree(s).

2.   No vehicles, construction materials, equipment, fuel, or temporary or permanent earth fill shall be placed within a TPA. There shall not be any movement of any vehicles into nor within a TPA. No nails, rope, cable, signs, or fencing is to be attached to a tree within a TPA.

3.   Where construction activity is permitted within a TPA, the Urban Forester shall be notified before the starting date of the work so that the Division of Planning may be present to ensure minimal disturbance and compliance with provisions of the Tree Protection Plan.

4.   Alternative protection methods may be used if determined by the Urban Forester to provide equal or greater tree protection.