01-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • ZONING (Draft Ord.) § 106-801 Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. (b) It shall be unlawful for any person. to cause or permit the destruction of any native tree within 15 feet of any street right-of--way line or easement line abutting the required front yard or within ten feet of ariy street right-of--way line or easement line abutting the required side 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. Sec. 106-802. Tree Replacement. (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 diameter of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk diameter for species of trees. (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.