§ 10-23. Tree preservation.

(a)

Commercial projects: A minimum of fifteen (15) trees per acre shall be preserved. At least five (5) of those trees shall be shade trees.

(1)

If existing on the development site, at least ten (10) of the required fifteen (15) trees per acre shall be preserved. The site design should take into account the location and health of all protected trees. However, the county administrator or designee shall review any petition detailing the appropriate mitigating circumstances after all reasonable alternatives have been evaluated, and may approve the removal of a protected tree when it prevents a proposed reasonable permitted use of the site.

(2)

Unless otherwise approved by the county administrator or designee, specimen trees shall be preserved. Upon county staff compliance review and approval of a petition detailing the appropriate mitigating circumstances, a specimen tree may be removed when it prevents a proposed reasonable permitted use of the site.

(3)

Majestic trees shall be preserved. The county administrator or designee shall review any petitions detailing the appropriate mitigating circumstances and may authorize a specimen tree or a majestic tree to be removed upon finding that any of the following conditions exist:

a.

The tree is an immediate safety hazard.

b.

The tree has an infestation of insects or pathogen that may reasonably be expected to lead to the death of the tree or spread to other trees.

c.

The tree is causing property damage.

d.

The location of the tree prevents direct access to the property, or where the tree constitutes a hazard to pedestrian or vehicular traffic, which cannot be mitigated without removing the tree.

e.

The location of the tree prevents the construction of utility lines, drainage facilities, on-site sewage disposal systems, roadways, or required parking areas which cannot be practically relocated or rerouted or where the trees cannot be utilized as part of these systems.

f.

The tree is weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. Removal of the tree pursuant to this criterion shall be exempt from the replacement criteria of this article.

g.

All alterative attempts to save a protected tree have been exhausted and the tree prevents a proposed reasonable use of the site.

(4)

The county administrator or designee shall be authorized to approve the removal of a specimen or majestic tree when a demonstrated effort has been made, through a comprehensive tree management plan, to preserve high quality trees in accordance with the intent of this article.

(b)

Commercial tree protection during construction:

(1)

It shall be unlawful during construction to store chemicals, materials/tools, construction machinery, or temporary soil deposits within the drip-line of any protected tree.

(2)

A protective barrier shall be placed around a protected tree prior to land clearing or construction. Posts shall be placed at or outside the drip-line of the tree. The posts shall be connected with clearly visible plastic tape, ribbon, rope, or their equivalent. Reasonable construction access to all portions of the development site shall be allowed.

(3)

Large areas of multiple protected trees shall be preserved by placing posts a maximum of twenty-five (25) feet apart connected with clearly visible plastic tape, ribbon, rope, or their equivalent.

(4)

Grade changes within the drip-line of a protected tree shall not be allowed in order to ensure the tree will survive.

(5)

Protective dry well and drainage/aeration systems shall be used when the grade is to be raised.

(6)

Protective retaining walls shall be used when the grade is to be lowered.

(7)

Avoiding injuries due to excavation.

a.

To avoid damage to protected trees, water, sewer, and other utility lines should be routed around the drip lines.

b.

If a utility line cannot reasonably be routed around the drip line the utility line shall be tunneled beneath the area within the drip line. The tunnel shall be offset to one side of the trunk to prevent damage to the main taproots.

(8)

No fuel, paint, solvent, oil, thinner, asphalt, cement, grout, or any other construction chemical is permitted within the drip-line of a protected tree.

Trees are defined as preserved and undamaged when all of the following construction conditions are met:

a.

The root system is undisturbed to the drip-line;

b.

No unapproved grade changes or fill have occurred within the drip-line;

c.

The trunk is undamaged:

d.

Less than twenty (20) percent of the branches have been impacted

e.

Construction chemicals/solvents have had no damaging impact;

(Ord. No. 2008-02, § 8, 1-15-08)