FINAL ORDINANCE NO. 08-077 - Laserfiche WebLink

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Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4 1/2 feet (54 inches) above the ground. Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree. Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest; (2) Any logs, stumps, branches, firewood or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated; and (3) Any standing dead trees or limbs which may threaten human health or property. Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt (Ceratbcystis fagacearum) or any other tree disease of epidemic nature. Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, or twelve (12) inches in diameter for common trees, as defined herein. Specimen Tree. A healthy tree measuring equal to or greater than thirty (30) inches in diameter breast height. Tree Preservation Plan. A plan prepared by a certified forester or landscape architect indicating all of the significant trees in the proposed development or parcel. The Tree Preservation Plan includes a tree inventory which includes the size, species and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. Woodland Evaluation Report. A report prepared by a certified landscape architect, forester or land surveyor indicating the general location, condition and species of significant trees on a parcel planned for future development or grading activity. The report must demonstrate that there will be no impact to existing significant trees as part of the development or grading activity. Finally, the report must include the measures proposed to protect significant trees on the site. C. Tree Preservation Standards for Developing Properties 1. Applicability. a. A Tree Preservation Plan, or suitable alternative as determined by the City, shall be submitted and approved for the following activities: i. New Development in Any Zoning District. A Tree Preservation Plan shall be required as part of any development or subdivision application. ii. Any grading or excavation project that result in the movement of greater than 400 cubic yards of material per acre of site per 5151.017. iii. If the applicant is able to demonstrate that the proposed development or major grading activity includes no impact to the significant trees on the site, then the applicant may be exempt from the requirement to submit a Tree Preservation Plan. It is the responsibility of the applicant to demonstrate that there are no impacts to significant trees through a Woodland Evaluation Report or some other form of tree survey or study. b. A Tree Preservation Plan is not required for the following activities: i. This section does not apply to the issuance of a development approval for a single- family residence on an existing platted lot of record. ii. This section does not apply to the harvesting of trees. For purposes of this section, "harvesting" means cutting or clearing trees for purposes relating to forestry 2