O-2010-3243 amending landscaping, tree preservation and tree replacement standards; and establishing a tree fund

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1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the City to the degree possible. 2. Protect and increase the value of residential and commercial properties within the City. 3. Discourage premature clear -cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of awv st-Feet 6EM of way line OF easemetit line abu#ine the r-eauir-ed fr-on yard -within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84 -inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only." Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 43. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-802 "Tree Replacement", which section shall read as follows: "Sec. 106-802. Tree Replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any gualifying_protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk dete caliper of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk diameter caliper for certain species of trees, i.e. Crepe Myrtle. (c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list "native or protected" of the City. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must 4