08-20-09 Regular Meeting and Public Hearings of the La Porte Planning and Zoning Commission

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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 any street right of way line or easement line abutting the required side yaffi-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 pro','ision if a tree is removed and destroyed ..'{here, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or ','ehicular traffic along any such right of way. The intent of this section is to encourage site planning which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control the unnecessary removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site; either by direct planting or through a 'tree fund'. It is the further intent of this section to achieve the following obiectives: 1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the City. 2. Protect and increase the value of residential and commercial properties within the City. 3. Discourage clear-cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (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 Tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, 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 diameter of at least two inches measured six inches from the ground. The enforcement officer may prescribe a