(a)

The Mayor and Board of Aldermen finds that:

(1)

Trees are proven producers of oxygen, a necessary element for human survival;

(2)

Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;

(3)

Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;

(4)

Trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers;

(5)

Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control, and flood control;

(6)

Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and

(7)

For the reasons indicated in Subdivision (6), trees have an important impact on the desirability of land and therefore on property values.

(b)

Based upon the findings set forth in Subsection (a), the Mayor and Board of Aldermen declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the city's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments.

(a)

Every development shall conform to the City's tree ordinance.

(b)

Every development shall make every effort to retain all existing trees over 18 inches in diameter, unless the retention of such trees would unreasonably burden the development.

(c)

In reference to Subsection (b), no excavation or other subsurface disturbance may be undertaken within the drip line of any retained tree over 18 inches in diameter and no impervious surface (including, but not limited to, paving or buildings) may be located within 12½ feet (measured from the center of the trunk) of any retained tree unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(d)

The retention or protection of trees as provided in Subsections (b) and (c) unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.

(e)

If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections (a) or (b), and, as a result, the parking requirements set forth in Article XVII cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections (a) and (b), up to a maximum of 15 percent of the required spaces.

Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Article XIII, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the centerline of the street, there is for every 50 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in Appendix E.

(a)

Vehicle accommodation areas that are required to be paved by Section 224 must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer to satisfy the requirements of this subsection, the developer shall choose trees that meet the standards set forth in Appendix E.

(b)

Each tree of the type described in Subsection (a) shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area will be shaded.

(c)

No paving may be placed within 12½ feet (measured from the center of the trunk) of any tree retained to comply with Subsection (a), and new trees planted to comply with Subsection (a) shall be located so that they are surrounded by at least 200 square feet of unpaved area.

(d)

Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.