(a)

Construction requirements.

(1)

Residential construction. All construction of single-family homes, duplexes, and apartments upon completion must be of a building product or material approved for use by a national model code, published within the last three code cycles, applicable to the construction, renovation, maintenance, or other alteration of the building.

(2)

Commercial construction. New construction in commercial districts shall be of a building product or material approved for use by a national model code, published within the last three code cycles, applicable to the construction, renovation, maintenance, or other alteration of the building.

a.

Air conditioning units and all mechanical equipment located on rooftops shall be screening from view. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment, or it shall be demonstrated that the rooftop equipment cannot be seen from public view.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Screening of trash receptacles. All trash receptacles greater than 100 gallons shall screened from public view and neighboring property view by a sight obscuring solid fence or wall enclosure with gates. The enclosure shall be a minimum of eight feet in height. Gates shall be of a solid sight obscuring material and shall be closed at all times except when loading or unloading.

(b)

Screening and buffering between districts.

(1)

Commercial and multi-family buffer requirements.

a.

A property zoned R-5, B-1, B-2, or B-3, being developed adjacent to a residentially zoned property shall provide one of the following:

i.

A privacy fence with a minimum height of eight feet between the nonresidential or multifamily use and the residentially zoned property.

ii.

A minimum 30-foot landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one shade tree shall be planted for each 30 linear feet of landscape buffer. A minimum of ten shrubs shall be planted for each 50 linear feet of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover. Existing preserved shade trees located within the landscape buffer may be credited toward the tree planting requirement.

(2)

Industrial buffer requirements.

a.

A property zoned I-1 or I-2 being developed adjacent to a residentially zoned property shall provide all of the following:

i.

A privacy fence with a minimum height of eight feet between the industrial use and the residentially zoned property.

ii.

A minimum 75-foot landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one shade tree shall be planted for each 30 linear feet of landscape buffer. A minimum of ten shrubs shall be planted for each 50 linear feet of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover. Existing preserved shade trees located within the landscape buffer may be credited toward the tree planting requirement.

(c)

Screening along major and secondary roadways.

(1)

Requirement criteria.

a.

Where subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a major or secondary roadway, or are separated from a major or secondary roadway by an alley, the developer shall provide, at its sole expense, the following:

i.

A minimum ten-foot landscape buffer adjacent to the major or secondary roadway. A minimum of one shade tree shall be planted for each 50 linear feet of buffer. All other areas within the landscape buffer shall be covered with a combination of landscape beds, shrubs, grasses or another solid vegetative cover. Existing preserved shade trees located within the landscape buffer may be credited toward the tree planting requirement.

ii.

A minimum eight-foot-tall screening fence.

iii.

All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features.

iv.

Any sections of this chapter or any other city ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right-of-way.

(d)

Screening of accessory equipment and appliances.

(1)

Detached accessory equipment and appliances which are ancillary to the main use in commercial and industrial districts shall be located immediately adjacent to the principal building or shall be screened from public view.

(e)

Screening of loading docks and truck bays.

(1)

Loading docks and truck bays shall be screened from public view and the right-of-way. Screening may consist of solid sight obscuring fences, berms, shrubs, trees, and other landscaping which creates a solid visual barrier. A combination of screening materials may be used.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Purpose. The purpose of these regulations is to develop an ordinance regarding landscaping and tree preservation requirements within the boundaries of the city of live oak so as to maintain, to the greatest extent possible, existing trees and green spaces within the city and to facilitate the planting of additional trees and plant materials to accomplish the following objectives:

(1)

To provide for tree preservation within the boundaries of the city and to establish requirements for the installation and maintenance of landscaping elements and other means of site improvements in off-street parking areas and other developed properties.

(2)

To promote and protect the health, safety and welfare of the public by creating an urban environment that is aesthetically pleasing, one that promotes economic development through enhanced quality of life and encourages the preservation of trees and green spaces for the enjoyment of future generations.

(3)

To preserve and maintain vegetative cover which will reduce soil erosion, reduce flooding, provide for shade, conserve energy and water resources and enhance the attractiveness of the community.

(4)

To encourage the preservation of trees to provide health benefits by cleansing and cooling of the air and contributing to the psychological wellness of the community.

(5)

To encourage the preservation of trees to provide economic benefits by adding value to property and reduction of energy costs through passive solar design utilizing trees and green spaces.

(6)

To provide enhanced preservation standards and incentives that exceed published requirements to encourage the maximum preservation of trees and green spaces.

(7)

To preserve trees as an important public resource that enhances the quality of life and maintains the unique character and the physical, historical and aesthetic environment of the city.

(b)

General requirements.

(1)

Installation. All landscape materials shall be installed according to Texas Association of Nurserymen (TAN) Standards.

(2)

Maintenance. The owner, manager or agent of the owner shall be responsible for the maintenance of all landscape areas.

(3)

Irrigation. All landscaped areas in nonresidential and multi-family developments shall be irrigated an approved automatic underground irrigation system or alternative irrigation plan approved by the city manager or his/her designee. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.

(4)

Planting criteria.

a.

Trees. Trees planted shall have a minimum DBH of two and one-half inches caliper at time of planting. Trees should have an average crown greater than 15 feet at maturity.

b.

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the Bexar County area such as Bermuda, Zoysia, or Buffalo Grass.

c.

Shrubs, vines and ground cover. Shrubs, vines and ground cover planted pursuant to this chapter should be good, healthy nursery stock. Shrubs shall be a minimum of one-gallon container size at the time of planting.

(5)

Construction phase.

a.

No paving with concrete, asphalt, or other impervious material within the root protection zone (RPZ) of trees to be preserved shall be allowed without prior written approval of the city manager or his/her designee.

b.

Soil and other materials shall not be temporarily or permanently stored in locations, which should cause suffocation of root systems of trees to be preserved.

(6)

Removal of diseased or damaged trees.

a.

Upon direction from city management, property owners may be required to treat or remove trees suffering from transmittable diseases or pests or allow the city to do so, charging the actual cost thereof to the property owner.

b.

The city may not require the removal of trees except for the reason of disease, infestation, danger of falling, creation of a traffic hazard or the inability to properly and safely maintain public rights-of-way or easements.

(7)

All landscape design and planting shall take into consideration the importance of water conservation.

(8)

Native vegetation shall be preserved and protected in common open space areas to the greatest extent practical.

(c)

Minimum landscape installation requirements.

(1)

A minimum percentage of the total lot area of property on which development, construction or reconstruction occurs after the effective date of this article shall be devoted to landscape development in accordance with the following schedule; provided, however, that this requirement shall not apply to the development, construction or reconstruction of single-family residential structures.

(2)

The landscaping required by this article shall be placed upon that portion of the tract or lot that is being developed. Seventy-five percent of the minimum amount of landscaping required by the section shall be installed in between the front and/or side property lines and the building constructed. Underdeveloped portions of a tract or lot shall not be considered landscaped.

(3)

In addition to the requirements in subsections (a) and (b), any commercial or industrial use which has a side or rear yard contiguous to any noncommercial use shall be buffered (screened) as defined in existing subdivision or zoning regulations.

(d)

Nonresidential and multi-family landscaping requirements.

(1)

Landscaping along street right-of-way. All nonresidential uses in the B-1, B-2, B-3, I-1, and I-2 districts and multi-family uses in the R-5 district shall comply with the following streetscape requirements:

a.

Landscaped edge. A minimum five-foot-wide landscaped edge shall be provided adjacent to all streets, exclusive of street right-of-way.

i.

Within the landscaped edge, shade trees (two and one-half-inch caliper minimum) shall be planted at a ratio of one tree per 50 linear feet of landscaped edge. The grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities, or similar site features is permitted.

b.

Vehicle headlight screening abutting the landscape edge. Where parking lots, drives, and access easements abut the landscaped edge, shrubs shall be planted to form a contiguous three feet tall buffer along the common boundary line.

i.

Shrubs shall be planted in planting beds.

ii.

A berm may be placed within the landscaped edge in lieu of the required shrubs or combination of berm and shrubs.

iii.

The slope of the berm shall not exceed a 33 percent grade.

c.

Parking area landscaping. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and right-or-way. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on, or within buildings are exempt from these standards.

i.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every fifteen parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 162 square feet or nine feet by 18 feet in size.

ii.

Planter islands shall contain at least one tree and a combination shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area.

d.

Site trees. Shade trees shall be provided at a ratio of nine shade trees (two and one-half-inch caliper minimum) per gross acre. Required tree plantings (such as landscape edge or parking lot) may be counted toward meeting this requirement. Existing preserved trees may also be counted toward meeting this requirement. Industrial uses in the I-1 and I-2 districts shall provide shade trees at a ratio of six shade trees per acre.

(e)

Residential landscaping requirements.

(1)

Residential landscaping requirements. All residential uses in the R-1, R-2A, R-2B, R-2C, R-3, R-4 and R-6 districts shall comply with the following landscape requirements:

a.

Two shade trees or ornamental trees shall be provided in residential subdivisions for each lot.

b.

All required trees must be planted prior to request for final building inspection of the dwelling unit.

(f)

Approved landscaping plant lists.

(1)

Approved shade tree plant list. The following list contains approved shade trees:

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Purpose and intent.

(1)

The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the city. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.

(2)

It is hereby declared the intent of the city to encourage the preservation of all trees within the city. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the city to promote site layout and design in a manner which preserves the maximum amount of protected class and heritage class trees possible.

(b)

Applicability.

(1)

This article applies to all property within the city limits for all activities that result or may result in the removal of protected class or heritage class tree(s) as defined herein. Said activities include any of the following conducted on property to which this regulation applies:

a.

All new residential and nonresidential development within the city;

b.

Redevelopment of any residential or nonresidential property within the city that results in an increase in the building footprint or the total destruction and reconstruction;

c.

Any grading, filling or clearing of land in the city limits; and

d.

Any selective or individual removal of any protected class or heritage class tree in the city limits.

(2)

The directives in this article shall not apply to the clearing of understory necessary to perform boundary surveying of real property or the clearing of underbrush required to conduct tree surveys or inventories. Clearing for surveying may not exceed a width of two feet for general survey (i.e. of casement boundary, etc.) and eight feet for survey of property boundary lines. No trees six inches or larger in diameter may be removed in any manner during such boundary or general surveying.

(c)

Definitions. The following terms shall have the meaning hereinafter ascribed to them under this article:

Arborist means an individual certified as an arborist by the International Society of Arboriculture.

Circumference means the perimeter or boundary of a circle.

DBH means the diameter at breast height is a standard measure of expressing the diameter of the trunk or bole of a standing tree. DBH is measured at a height of 1.4 meters (4.59 feet) for other than ornamental trees, which are usually measured at 1.5 meters (4.92 feet) above ground.

Diameter means a straight line, which passes through the center of a circle or sphere and stops at the circumference or surface. A measurement of distance.

Field inspector means any individual that is selected by the administrative staff of the city to accompany an arborist, or qualified individual that represents a development company, into the area where development is planned. This field inspector will be provided a plan that identifies the proposed area that is to be developed. The field inspector will be responsible to verify location of trees, conditions, size and number and will indicate his/her annotate on the site plan provided to the planning and zoning commission before any trees of any type will be physically removed from the area. No permit will be issued unless this fieldwork has been accomplished by the field inspector.

Footprint means an area that is covered by a permanent enclosed or covered structure. Note: A driveway and parking facilities are not included as structures.

Grade changes means changes in the elevation of the land around an existing tree that would create exposure of the root system to the air and reduces the supply of nutrients and moisture available to the roots.

Heritage class tree means any tree that is 24 inches or greater in diameter and not exempted by this article.

Landscape architect means an individual currently registered with the Texas Board of Architectural Examiners to practice landscape architecture in the state.

Mitigation means to discuss and arrive at a conclusion that will cause alleviation, abatement or dimension of anything that could be considered a penalty.

Pervious means the ability of a substance to allow the passage of water.

Protected class tree means any tree that is between six inches and 24 inches in diameter and not exempted by this article.

Ratio of replacement means protected trees are to be replaced at a ratio of one inch to one inch and heritage trees are to be replaced at a ratio of three inches for every one inch removed.

RPZ means root protection zone, an eight-foot diameter no-paving zone encompassing the trunk of any protected or heritage class tree.

Shall. The word "shall" is mandatory rather than used in a directory manner.

Street yard means the area of a lot which lies between the property line along a dedicated street and the actual wall line of the building or, if no building exists, to the rear property line.

Tree means any self-supporting woody plant species, which normally grows to an overall minimum height of 15 feet.

Tree inventory means the amount that summarizes total number of diameter inches of a tree that will be removed or will be preserved.

(d)

Exempted trees.

(1)

The following are exempt from the preservation, mitigation and permitting requirements of this section:

a.

Protected class trees located within the area of a proposed on-site sewage facility (OSSF) (a waiver to mitigation for heritage class trees may be requested).

b.

Protected class and heritage class trees located within a right-of-way to be dedicated to and maintained by the city and shown on the city's Master Thoroughfare Plan.

c.

Protected class trees located within any required utility easement. Heritage class trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for heritage class trees may be requested).

d.

Protected class and heritage class trees damaged or destroyed by floods, fire, wind or other natural causes.

e.

Dangerous, diseased, damaged, dead or dying protected class or heritage class trees as determined by a tree survey and a letter from a certified state arborist. All expenses/fees for arborist certification will be borne by the developer/owner.

f.

Protected class and heritage class trees located on property that has an existing one-family or two-family dwelling that is occupied.

(2)

Exempted trees. The following species of trees are exempted from preservation and mitigation in this article and may be removed without penalty upon issuance of a permit:

a.

Arizona ash,

b.

Chinaberry,

c.

Chinese tallow,

d.

Cottonwood,

e.

Hackberry,

f.

Huisache,

g.

Juniper (cedar),

h.

Mesquite,

i.

Mulberry trees,

j.

Additionally, trees classified as "trash trees" by the incumbent Bexar County Extension Agent-Horticulture may be exempted and removed without penalty upon proof of such classification.

(e)

Tree preservation.

(1)

The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in this article, a tree preservation removal permit is required for the removal of any tree with a DBH greater than six inches. A minimum of all protected class and/or heritage class trees within the surveyed area must be preserved as follows:

a.

Protected class and heritage class trees. Any protected class or heritage class tree not exempt from perseveration and mitigation by this article may be removed upon approval of a tree preservation removal permit.

b.

Minimum preservation. A minimum of 15 percent of all non-exempt protected class and heritage class trees on the site must be preserved. A waiver to this requirement may be requested.

i.

All percentages and measurements relating to preservation will be based on the initial tree survey. Any subsequent redevelopment of property must minimally preserve the applicable percentage of total diameter inches protected and/or heritage trees as recorded in the initial tree survey.

(f)

Tree mitigation.

(1)

Any trees that are removed or damaged as a result of the approval of a tree preservation removal permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as species exempt in this article. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the city or provide a fee-in-lieu payment in accordance with the city's fee schedule. Mitigation requirements are:

a.

Protected class trees. Up to 20 percent of the non-exempt protected class trees on the site may be removed without mitigation. Protected trees removed after the first 20 percent shall be mitigated at a one-to-one DBH inch ratio for every tree removed with the exception that. Replacement shade trees shall have a minimum DBH of two and one-half inches.

b.

Heritage class trees. Heritage class trees shall be mitigated at a two-to-one DBH inch ratio for every tree removed. Replacement shade trees shall have a minimum DBH of two and one-half inches.

c.

Damaged trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two years of issuance of a certificate of occupancy shall be mitigated for in accordance with this section.

d.

Mitigated trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one DBH inch ratio for every tree damaged or that dies.

(g)

Size and replacement.

(1)

All trees planted for mitigation purposes must meet the following requirements:

a.

No artificial plant material may be used to satisfy tree replacement requirements.

b.

Plant materials must comply with the following planting area requirements at the time of installation:

i.

In satisfying this requirement the use of mulch material shall be provided at the time of planting.

ii.

Each replacement tree must be planted at least 30 inches away from any impervious surface.

iii.

Plant areas must be protected from vehicular traffic through the use of concrete curbs, wheel stops or other permanent barriers.

iv.

Replacement shade trees, with the exception of Live Oak trees, required by this article shall be of like or better quality and must be of a species of shade trees identified in section 24-30. Live Oak trees being mitigated by replanting must be replaced with Live Oak trees.

v.

Replacement shade trees must have a minimum diameter of two and one-half inches DBH measured at the time of installation, and shall be planted in a pervious area of at least 50 square feet.

c.

Trees shall meet the requirements for installation of new trees according to Texas Association of Nurserymen (TAN) standards.

d.

It shall be the responsibility of the developer to guarantee for a period of two years that all trees planted will have a survival term of life. If a planted tree should die before the two-year period, then it shall be replaced by a like kind or a better value class of tree.

(h)

Tree preservation removal permit.

(1)

Permit required. A tree removal permit is required for the removal of any protected class or heritage class trees not exempted in this article. Permits shall be required prior to commencement of any regulated activity.

a.

A tree affidavit will be required when there is no heritage or protected trees in the proposed development. No tree preservation plan or removal permit will be required in this instance.

b.

An understory clearing permit may be applied for in certain instances to remove underbrush and trees less than three inches in diameter. This permit is intended only to facilitate the surveying of heritage and protected trees on heavily overgrown sites.

c.

All sites containing heritage or protected trees will require a tree preservation removal permit

(2)

Application. An application and tree preservation plan will be required prior to issuance of a tree preservation removal permit. The applicant shall agree not to remove or replace any trees except as authorized by an understory clearing permit until final approval has been granted by the city manager or his/her designee. The applicant shall be responsible to render three sets of site plans for tree inventory and survey. All plans shall be provided by the developer and shall be paid for by the developer. No cost shall be incurred by the city. The tree preservation plan must contain the following data:

a.

Location of property lines, easements, setbacks, and landscape buffers and rights-of-ways.

b.

Proposed development information including location of buildings, sidewalks, dumpsters, paving, carports, curbs, light poles, etc.

c.

Existing and proposed topography. Contour intervals not to exceed one foot.

d.

Scale, north arrow and location map.

e.

Location, diameter and species of all protected and heritage trees. Each tree is to be assigned a number for identification purposes.

f.

Location, diameter and species of any mitigation trees.

g.

Tree inventory that summarizes total number of diameter inches existing on-site, to be removed, to be preserved and to be used for mitigation. The tree inventory must specifically identify what will happen to each protected and heritage tree at the site.

(3)

Processing of application and decision.

a.

Submittal. An application for a tree preservation removal permit shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may request a review and recommendation from any other city department or consultant.

b.

Decision by city manager or his/her designee. The city manager or his/her designee may approve, approve with conditions, or deny the waiver request.

(4)

Criteria for approval. The city manager or his/her designee, in considering action on a tree preservation removal permit waiver should consider the following criteria:

a.

The proposed tree preservation removal permit is consistent with all city requirement.

(5)

Payment of fees. The applicant shall pay any required permit fees and mitigation fee-in-lieu before and approved permit will be issued.

(6)

Inspections. The city shall inspect each site prior to the issuance of a certificate of occupancy.

(7)

Appeals. Any decision of the city manager or his/her designee regarding tree preservation removal permits may be appealed to the planning and zoning commission. When considering an appeal, the planning and zoning commission shall consider the same standards as the city manager or his/her designee as outlined above.

(i)

Tree waivers.

(1)

General. The planning and zoning commission may authorize waivers from the provisions of this article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this article. Waivers must meet one of the following eligibility requirements:

a.

The tree is proposed for removal in order for the property to achieve compliance with other applicable city requirements and standards (i.e. site design or storm water management); or

b.

The tree is proposed for removal because it is within a future public utility location.

c.

In cases where retention of natural or existing trees in open space, setback, buffer areas or drainage ways could create unusual development problems, planted trees may be required in lieu of preservation.

(2)

Application requirements. Any request for a waiver shall be accompanied by an application prepared in accordance with the city's development manual.

(3)

Processing of application and decision.

a.

Submittal. An application for a waiver compliance shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may request a review and recommendation from any other city department or consultant. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the planning and zoning commission for consideration.

b.

Decision by planning and zoning commission. The planning and zoning commission shall receive the written recommendation of the city manager or his/her designee and shall consider the proposed waiver request. The planning and zoning commission may vote to approve, approve with conditions, or deny the waiver request.

(4)

Criteria for approval. Waivers shall be evaluated using the following criteria:

a.

Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks;

b.

The granting of a waiver will not be detrimental to adjoining property or health, safety, and welfare of the general public.

c.

The requested waiver does not violate the intent of this article or other applicable city requirements;

d.

Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions;

e.

A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible.

f.

Financial hardship due to meeting the requirements of this article is not alone sufficient to grant a waiver.

(5)

Expiration. Approved waiver requests shall expire 12 months after approval if a subsequent application for development (such as a building permit) has not been filed with the city.

(6)

Limitations. The planning and zoning commission shall not authorize a waiver request that would constitute a violation of a valid law, ordinance, code or regulation of the city.

(7)

Appeals. Any decision of the planning and zoning commission regarding waiver requests may be appealed to the city council. When considering an appeal, the city council shall consider the same standards as the planning and zoning commission as outlined above.

(j)

Tree preservation and mitigation account established.

(1)

The city shall reserve all fee-in-lieu of payments and any accrued interest from the fee-in-lieu of tree mitigation in a separate account from the general funds of the city. This account shall be known as the tree preservation and mitigation account.

(2)

The city shall deposit sums collected as cash payments-in-lieu of tree mitigation in the tree preservation and mitigation account.

(3)

The city shall maintain records detailing the receipts and expenditures for the tree preservation and mitigation account. All funds deposited as credit for fee-in-lieu of tree mitigation may be used to place trees at public parks, schools, or other approved public facilities throughout the city. Tree preservation and mitigation account funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing protected class and heritage class trees and to purchase equipment for the preservation or protection of existing trees.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)