A permit shall be required for all grading, earth-moving, changing of elevation of property or removal of fifty percent (50%) or more of live trees ten (10) inches or greater in diameter breast height (DBH); provided, however, that no such permit shall be required for any parcel less than one (1) acre in size or incidental to construction on a parcel of land one (1) acre or more in size for the purpose of constructing a single-family home, accessory structure or private drive.

The requirements contained in a development plan, previously approved by the City, including established drainage design, tree planting and preservation requirements and all other landscaping requirements, shall continue in perpetuity or until an amendment is duly authorized.

Location Of Trees. Site plans for a development must provide the species, size at diameter breast height and location of existing trees with a DBH of ten (10) inches or greater within an area to be disturbed by construction. Such trees are to be designated according to whether they are to be preserved or removed.

The nature and extent of the proposed grading, earth-moving or change in elevation. The grading plan shall include existing and proposed contours at two (2) foot intervals and a drainage design plan complete with calculations supporting the design.

Tree protection measures consistent with the requirements of this Article.

The number, species, size (DBH) and location of additional trees that will be planted on the site.

Replacement Requirements For All Developments. Except for fifty percent (50%) of the existing trees which may be removed without a permit, any tree ten (10) inches DBH or larger removed from an approved development shall be replaced at a ratio equal to the number of inches contained in the diameter of the tree removed. The minimum size of a replacement tree is two and one-half (2 1/2) inches DBH. If the carrying capacity of the site cannot accommodate the replanting of the required number of replacement trees on the subject tract, the owner shall be assessed fifty dollars ($50.00) for each inch of DBH which cannot be replaced. Such assessment shall be placed in the Tree Bank of the City.

Protection Measures. All trees on public or private property that are designated for preservation shall be guarded by a four (4) foot high barrier that designates the enclosed area as a tree protection zone. This enclosure shall extend equal to the canopy area of the tree (at a minimum). No building materials, waste materials, excess dirt, construction debris, equipment or vehicles shall be allowed within this protection zone.

Marking Of Trees. Prior to any tree removal or commencement of construction on a site and during the plan approval process, the following uniform colored ribbon system shall be used:

Any dissatisfied party may appeal, in writing, to the Planning and Zoning Commission, any decision made by the Director of Community Development or other City Official or the Historic Landmarks Preservation and Architectural Review Board under the provisions of this Article within five (5) days of the decision being rendered, specifying the grounds on which the appeal is made.

Any dissatisfied party may appeal the decision of the Planning and Zoning Commission to the City Council within five (5) days of the decision being rendered.