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O-2020-3770 Amending regulations related to truck stops, landscaping requirements, and storage of hazardous material
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O-2020-3770 Amending regulations related to truck stops, landscaping requirements, and storage of hazardous material
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1/27/2020 3:53:11 PM
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1/14/2020 12:03:12 PM
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Legislative Records
Legislative Type
Ordinance
Legislative No.
O-2020-3770
Date
1/13/2020
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(3)All required screening shall be adjusted away from overhead power lines to allow for <br /> full maturity of the trees without unnecessary trimming or topping of the trees. <br /> Sec. 106- 803.-Tree preservation. <br /> (a)It is the intent of this section to encourage the preservation of existing trees within the city and <br /> to prohibit their unwarranted destruction.The city encourages site planning which furthers the <br /> preservation of trees and natural areas by the following methods: To protect trees during <br /> construction;to facilitate site design and construction which contributes to the long term viability of <br /> existing trees; and to control premature removal of trees; require on-site replacement of trees that <br /> must be removed and require off-site replacement of trees that cannot be replaced on-site,either by <br /> direct planting as outlined in section 106-802(tree replacement)or through a contribution to the tree <br /> fund established in section 106-803 (tree fund)of this chapter. It is the further intent of this section <br /> to achieve the following objectives: <br /> (1)Protect healthy trees and preserve the natural,environmental,and aesthetic qualities of <br /> the city to the degree possible. <br /> (2)Protect and increase the value of residential and commercial properties within the city. <br /> (3)Discourage premature clear-cutting of property. <br /> (4)Maintain and enhance a positive image for the attraction of new developments to the <br /> city. <br /> (b)It shall be unlawful for any person to cause or permit the destruction of any healthy, native tree <br /> (herein referred to as a"protected tree")within the city if such tree has a trunk which exceeds six <br /> inches in diameter(or 18.84-inch circumference)at a point 18 inches above the natural ground <br /> level. Provided,however, it shall not be a violation of this provision if a tree is removed and/or <br /> destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the <br /> opinion of the planning director or his designated representative, said tree constitutes a hazard to <br /> pedestrian and/or vehicular traffic along any such right-of-way. <br /> (c)No person, firm or corporation desirous of developing or improving any parcel of property,shall <br /> remove or cause the removal of any tree from said property without first obtaining a clearing permit <br /> which would allow clearing of buildable areas only. <br /> (d)The provisions of this section are not applicable to individual single family lots. <br /> Sec. 106-804.-Tree replacement. <br /> A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of <br /> any qualifying protected tree. In the event that it is necessary to remove a protected tree,as a condition of a <br /> building permit issuance, applicant shall be required to replace the tree(s)being removed with replacement <br /> trees as follows: <br /> (a)Replacement trees required.Tree disposition conditions and tree permit authorizing removal of <br /> or damage to protected trees shall normally require replacement by one or more newly planted trees <br /> on the same subject site. If this is not feasible,the owner or developer must plant and maintain off- <br /> site replacement trees in reasonable proximity to the subject site. <br /> (b)Number of replacement trees. For each qualifying protected tree removed from the site,one <br /> replacement tree must be planted on the subject site. If this is not feasible,the applicant may, upon <br /> approval by the director, plant and maintain off-site replacement trees in accordance with this <br /> section,or alternatively,contribute to the city's tree fund. <br /> (c)Minimum size. Replacement trees must normally have a trunk caliper of at least two inches <br /> measured six inches from the ground,with the exception of replacement trees installed on properties <br /> in any designated industrial zone district, in which case the trunk caliper shall be a minimum of four <br /> inches as measured six inches from the ground. The enforcement officer may prescribe a <br /> proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. <br /> (d)Qualified trees. To be a"qualified tree",a tree must comply with the recommended tree list <br /> "native or protected" of the city. <br /> (e)Standard of review. The enforcement officer shall use reasonable best efforts to determine the <br /> type and number of replacement trees required in an attempt to minimize undue burden resulting <br />
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