6.1.1.

Purpose. The purpose of these requirement is to:

6.1.1.1.

Aid in stabilizing the environment's ecological balance by contributing to the processes of energy and soil conservation, air purification, oxygen regeneration, pollutant neutralization, groundwater recharge, and the reduction of stormwater runoff, while at the same time aiding in noise, glare, and heat abatement by preserving the existing tree canopy;

6.1.1.2.

Ensure that the stock of native trees and vegetation is maintained and replenished; and

6.1.1.3.

Provide visual buffering and enhance the beautification of the city.

6.1.2.

Principles. The general intent is to leave as many significant, specimen, and heritage trees as possible. The number of trees required for mitigation shall be based upon the existing significant and heritage trees to be removed. This section shall be enforced according to the following principles:

6.1.2.1.

Preservation of existing trees shall be the first, best, and standard approach.

6.1.2.2.

If preservation cannot be achieved, on-site mitigation shall next be pursued.

6.1.2.3.

If those approaches cannot be achieved, payment shall be made to the Tree Escrow Account.

6.1.3.

Applicability.

6.1.3.1.

Except as noted herein, requirements apply to all land located in the city that is the subject of any subdivision of two or more lots, any commercial site plan on a site of 15,000 or more square feet, any parking lot for three or more cars, or any residential site plan with three or more dwelling units. Modifications to these standards may be allowed in conformance to the standards of Affordable Housing Incentives Ordinance adopted by the Mayor and Board of Alderman. Trees may not be cleared from any applicable site for any purpose without a site plan approval and land disturbance permit.

6.1.3.2.

Trees cleared for agriculture or forestry in districts where allowed, or for the installation or maintenance of public utility easements, or the safety and protection of property are exempted if 50-foot buffers are maintained along property lines, next to bodies of water, and along either side of stream beds.

On a Certified Tree Farm (verification from Mississippi Forestry Commission required) that has been certified and operated as a tree farm since January 1, 2018 or earlier, a final harvest done according to the requirements for harvest on a certified tree farm may be carried out with no Tree Mitigation requirement if completed following Mississippi Best Management Practices for Forestry in Mississippi and the American Forest Foundation Standards of Sustainability, and completed as required according to the Forest Management Plan established for the Certified Tree Farm.

Prior to the harvest the owner must contact the planning department to inform the city of the intended harvest, and the intended harvesting plan. After the harvest, a report from the forestry commission must be provided certifying that the harvest was completed as stated in the harvesting plan. The land will then subject to tree mitigation based on the trees remaining after that harvest. The harvest must also leave a 50-foot buffer along property lines and around bodies of water; along both sides of any perennial or intermittent stream, and a 25-foot buffer along both sides of any drainage channel, and along any public roads running adjacent to or through the property. A site plan shall be provided to the Planning Department that indicates all required buffers, proposed haul roads on the property and through the city, and a landscaping plan. A land disturbance permit shall be required, and a site restoration bond for the area to be disturbed.

A land disturbance permit to allow tree harvesting may be requested on property of ten or more acres in any zoning district that has been under single ownership since 2007 or earlier. A tree inventory is required, no clearing shall be permitted in perimeter site buffer areas, and the site must be seeded and protected after harvesting to prevent erosion. Up to 50 percent of the trees on the property may be harvested before mitigation is required.

6.1.3.3.

In any zoning district, one land disturbance permit to allow tree harvesting may be requested on a property of ten or more acres that has been under ownership of a person or family since 2007 or earlier. Proof of ownership is required, no clearing shall be permitted in required buffer areas, and cleared areas of the property must be seeded and protected after harvesting to prevent erosion. A Tree Survey and harvesting plan must be done and submitted to the Planning Department, and no more than 50 percent of significant or specimen trees may be harvested. The harvest must also leave a 50-foot buffer along property lines and around bodies of water; along both sides of any perennial or intermittent stream bed, and a 25-foot buffer along both sides of any drainage channel, and along any public roads running adjacent to or through the property. If compliance with the harvesting plan is verified, Tree Mitigation on the site shall be based on the forest remaining on the site.

6.1.4.

Inventory and permit required. Under this Article, the clearing of any site is permitted only after a Tree Inventory has been completed and a site plan permit has been acquired.

6.1.4.1.

Tree inventory required. An inventory of existing trees is required for any site plan or subdivision. The inventory must be conducted by a Licensed Arborist and submitted to the Director of Planning for approval.

6.1.4.2.

The inventory shall include:

a.

The location, size, type, and quality of existing significant, specimen and heritage trees (see Appendix 10.3 and 10.4);

b.

Which trees are to be removed and which retained; and

c.

The location, size, type, and quality of the trees and any significant vegetation to be retained.

6.1.4.3.

Tree inventory method options.

a.

On development sites of less than 10 acres, an inventory of the entire site is required.

b.

On sites of more than 10 acres, a representative sampling method may be used. For that method, 25 percent (25%) of the site or a minimum of 10 acres (whichever is greater) must be surveyed. The acreage may be a single site or a more representative selection of several sites. A determination of the total number of trees (significant, specimen, and heritage) on the site will be derived from a multiple of the tree varieties found in the survey area (or areas) applied to the entire site.

c.

The developer must provide a recently dated aerial photo of the site (within the past three months) for conducting the inventory.

6.1.5

Site design guidelines. Design for development shall consider:

6.1.5.1.

Generally. Potential for retaining existing site topography and existing vegetation.

6.1.5.2.

Parking lots. Shall be designed to preserve the maximum number of existing significant, specimen, and heritage trees and other significant vegetation.

6.1.5.3.

Curb cuts. All proposed curb cuts shall consider damage to trees and tree groves and shall be placed in areas to provide the least damage to existing trees and tree groves.

6.1.6.

Tree preservation criteria. The Director of Planning shall consider the following factors, and any other relevant information, when evaluating the tree preservation plan shown on a submitted landscape plan:

6.1.6.1.

The desirability of preserving a tree or group of trees by reason of age, location, size, or species.

6.1.6.2.

Whether the size or shape of the lot reduces the flexibility of the design.

6.1.6.3.

The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard.

6.1.6.4.

The placement of the tree or group of trees in relation to utilities, structures, and the use of the property.

6.1.6.5.

The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities.

6.1.6.6.

Whether roads, utilities and building footprint are designed in relation to the existing topography, and located, where possible, to avoid damage to existing tree canopy.

6.1.6.7.

Construction requirements of on-site and off-site storm drainage.

6.1.6.8.

The extent to which development of the site and the enforcement of this article are impacted by state and federal regulations.

6.1.7.

Credits for retention. For existing significant, specimen and/or heritage trees retained, the following credits shall be available:

6.1.7.1.

For each significant and/or specimen trees retained, extra credit shall be available for one, two-inch caliper tree equal to the total DBH of all significant and/or specimen trees retained divided by the rate of mitigation of five inches.

6.1.7.2.

For each tree grove retained, extra credit shall be available for one, two-inch caliper tree equal to the total DBH of all significant and/or specimen trees retained within a tree grove divided by the rate of mitigation of five inches.

6.1.7.3.

In the Old Town Conservation Overlay District and on sites greater than five acres, for each heritage tree retained, extra credit shall be available for one, two-inch caliper tree equal to the total DBH of all heritage trees retained divided by the rate of mitigation of one inch.

6.1.8.

Tree protection. Trees identified on an approved landscaping plan, subdivision plat, or site plan to be retained shall utilize the following protection methods:

6.1.8.1.

Install four-foot high perimeter fencing at the extreme outer edge of the dripline.

6.1.8.2.

Perimeter fencing located within 50 feet of any building footprint, unless approved by the Director of Planning or the building official, shall be constructed of wood or metal materials.

6.1.8.3.

The fencing must carry durable signs designating the area as a "tree protection zone" and shall remain in place throughout the construction period. Such signs shall be placed around the perimeter of all tree protection zones with a maximum spacing of 25 feet and be a minimum of 80 square inches in size and shall be firmly affixed to the tree protection fence.

6.1.8.4.

There shall be no activity of any kind inside the perimeter other than hand-brush clearing.

6.1.8.5.

No land clearing or building permits shall be issued until the perimeter of all protected trees and tree groves have been properly fenced.

6.1.8.6.

Grates or other pervious surfaces shall be utilized within the dripline of existing trees to allow water and air to reach the tree roots.

6.1.8.7.

Fill (or other soil disturbance) shall be prohibited, as well as any vehicle traffic or material storage in areas under the dripline of trees to be protected.

6.1.8.8.

Drastic changes in drainage patterns which may negatively affect existing trees shall be avoided.

6.1.8.9.

Any person who intentionally damages a protected tree shall be in violation of this article and subject to the penalties prescribed in Article 9.

6.1.8.10.

The removal of the protected fencing, or encroachment into the area, without explicit approval of the property owner or his designated agent, shall be punishable by a fine up to the replacement value of the tree(s) involved. Replacement value shall be determined by a method approved by the International Society of Arboriculture (ISA). This applies to any person or entity, public or private.

6.1.9.

Tree mitigation requirements. The intent is to leave undisturbed as many existing significant, specimen and heritage trees as possible. Mitigation is required for removal of significant, specimen, and heritage trees removed.

6.1.9.1.

Each development will have a ten percent credit applied before any mitigation is required. For example, if there were 1,000 inches DBH of existing trees, 100 inches could be removed without mitigation.

6.1.9.2.

For trees that will be removed, the number of trees required for mitigation shall be based upon the existing significant, specimen, and heritage trees to be removed.

6.1.9.3.

Mitigation may be made through replanting or contribution to the Tree Escrow Account.

6.1.9.4.

Trees in poor health and/or hazard trees will not require mitigation if the condition is so determined by a designated city official, and in the event of a dispute, an International Society of Arboriculture (ISA) certified arborist will make a determination at the expense of the developer.

6.1.9.5.

Existing significant trees located within a building footprint, street, driveway,sidewalk, pathway, or utility easement shall generally not require mitigation. Heritage trees removed in the Old Town Conservation Overlay District, or Heritage trees removed on sites greater than five acres - even if within such areas - shall require mitigation.

6.1.9.6.

Replanting.

a.

For each existing significant tree removed, replacement trees shall be planted at one, two-inch caliper tree per five inches of trees removed, measured at DBH.

b.

In the Old Town Conservation Overlay District, and on sites greater than five acres, replacement of heritage trees shall be planted at rate of one, two-inch caliper tree per two inches of trees removed, measured at DBH.

c.

Smaller Trees. The Director of Planning may approve the use of trees less than two-inch caliper for the planting of medium tree species (dogwoods and red buds) and/or greater than two-inch caliper on an equal total caliper basis, e.g. two, three-inch caliper trees equals three, two-inch caliper trees.

d.

Placement of trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured.

6.1.10.

Tree escrow account Any applicant unable to achieve on-site mitigation shall make a payment to the City of Oxford's Tree Escrow Account for each tree required to meet the mitigation requirements set forth above. The amount of money to be paid shall be based on the fair market value of materials and labor at the time of planting as determined by the Director of Planning based on standard costs incurred by the city, estimated annually. The applicant shall submit cost estimates to the Director of Planning for approval.

6.1.10.1.

Money contributed in lieu of on-site mitigation shall be paid prior to issuance of a building permit and/or prior to final plat approval by the Board of Aldermen for all residential and nonresidential subdivisions.

6.1.10.2.

Money contributed under this section:

a.

May be used for tree canopy management, replacement, and preservation including, but not limited to, tree acquisition and planting; canopy replacement site identification, acquisition, and preparation; the acquisition of parkland areas that preserve tree canopy; and the acquisition, planting and maintenance of trees on designated city property; salary (in full, or in part) for consultant or staff assigned to monitor and inspect tree canopy management; and

b.

Shall not revert to the general fund for ongoing operations.

6.1.10.3.

Where it is not possible to plant all required mitigation trees within the development, alternate planting locations will first be sought on appropriate sites within a one-mile radius of where the development is located. If this cannot be achieved, the funds shall be used in on city property closest the development, and if that cannot be achieved, for any purposes noted above anywhere in the city limits. The location of appropriate planting spaces is to be derived from Oxford's Master Tree Plan or as determined by the Mayor and Board of Aldermen.

6.1.10.4.

Refunds.

a.

The city shall refund any portion of the money contributed under this section, including the accrued interest that has not been expended seven years from the date of the contribution. Interest shall be based on the rate of return the city has experienced over the period.

b.

Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than 30 days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice.

c.

The refund shall be made on a pro rata basis, and shall be paid in full no later than 90 days after the date certain upon which the refund becomes due.

d.

At the time of the contribution to the tree escrow account, the Director of Planning shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the tree escrow account under this article.

6.1.10.5.

The tree escrow account shall be managed by the City Clerk. The City Clerk will consult with the Director of Planning, the superintendent of buildings and grounds, and the Oxford Tree Board to ensure that all tree management and planting efforts undertaken by the city are fully coordinated. The City Clerk shall annually provide the Director of Planning with an accounting of where Tree Escrow Account funds have been spent.

6.1.10.6.

The Tree Board shall annually provide to the Director of Planning and superintendent of building and grounds, a list of preferred areas where tree escrow funds should be utilized. The Director of Planning and superintendent of building and grounds shall consider those recommendations along with other recommendations from the Mayor and Board of Aldermen and the Director of Parks and make final recommendations to the Mayor and Aldermen who will determine the use of these funds.

6.1.11.

Prior Tree removal.

6.1.11.1.

Prior removal of significant and/or specimen trees. If a site is cleared or significant or specimen trees removed prior to obtaining subdivision or site plan approval, but after a Tree Survey has been completed and submitted, then any development application for the site shall be denied for up to 24 months from the date of the requested development application except as authorized below::

a.

A request for site plan approval within the 24-month time frame may be considered, however, if the proposed site plan incorporates a reforestation plan that results in a future canopy coverage of 40 percent of the site or the applicant agrees to contribute to the tree escrow account equal to the cost of implementing the reforestation plan or a combination of both.

b.

The square foot percentage of canopy area required is based on the total area of the property less the square footage dedicated to the building footprint, street, driveway, sidewalk, pathway or utility easement.

6.1.11.2.

Prior removal of heritage trees. If a site is cleared or any heritage trees removed prior to obtaining subdivision or site plan approval, but after a Tree Survey has been completed and submitted, then any development application for the site shall be denied for up to 36 months from the date of the requested development application except as authorized below:

a.

A request for site plan approval within the 36-month time frame may, however, be considered if the proposed site plan incorporates a reforestation plan that results in a future canopy coverage of 40 percent of the site or the applicant agrees to contribute to the tree escrow account in an amount equal to the cost of implementing the reforestation plan or a combination of both; and pays a fine of $500 per acre of trees cleared and $1,000 per each heritage tree removed.

b.

The square foot percentage of canopy area required for reforestation shall be based on the total area of the property less the square footage dedicated to any building footprints, streets, driveways, sidewalks, pathways, or utility easements.

6.1.11.3.

Tree removal before Tree Survey is conducted. If a site is cleared before a Tree Survey is prepared and provided to the Director of Planning, then any development application for the site shall be denied for up to 36 months. A request for a site plan approval within the 36-month time frame may, however, be considered if the proposed site plan incorporates a reforestation plan that results in a future canopy coverage of 40 percent of the site or the applicant agrees to contribute to the tree escrow account equal to the cost of implementing the reforestation plan or a combination of both; and pays a fine of $3,000 per acre of trees cleared.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-21, § III, 10-16-2018; Ord. No. 2023-11A, § I, 7-5-2023; Ord. No. 2025-2, § I, 1-21-2025)

See Chapter 98, Article VI of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)

See Chapter 42 of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)

See Chapter 34, Article III of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)

See Chapter 98, Article IV of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)

See Chapter 98, Article V of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)

See Chapter 50, Article II of the City of Oxford Code of Ordinances.

(Ord. No. 2023-11A, § I, 7-5-2023)