§ 912.06 — Tree Mitigation and Protection

912.06 - Tree Mitigation and Protection.

The intent of this section is to preserve existing trees and replenish lost tree canopy providing for tree mitigation and protection. This section applies to the removal or injury of any public tree on public streets, parks, and public places. (A) Prior to commencement of any work, including but not limited to, initial design and all subsequent design revisions, clearing, grubbing, grading, excava-tion, and construction on any public street, park, or public place where a public tree is located within the proposed work limits, a public tree plan shall be submitted by the project owner for departmental approval. The plan shall follow guidelines, standards, and best management practices developed by the department. (B) If the Director determines that it is not practical to avoid tree removal, then the Director shall require that the public tree plan include the replacement of trees as follows: (1) at a rate of 1:1, one (1) caliper inch of replacement for every one (1)-DSH inch of removal; and (2) on the site where trees have been removed. If the site cannot accommodate all required replacement trees, they may be planted in locations as approved by the Director. Payment into the Tree Fund, at a rate established by the Director, shall be required if there are not suitable planting locations as determined by the Director; and (3) as soon as practical; and (4) according to the promulgated rules, regulations, standards, and best management practices developed by the department. (C) Any damage to trees, shrubs, and plant material resulting from the escape of gas or water shall be repaired and the cost of the work, including the cost of removal and the replacement of any trees, shall be levied against the owner of the pipe or main causing the damage in accordance with this Section. (D) The Director shall establish a per tree inch replacement rate for payment into the Tree Fund. The rate will be revised periodically and will be based on factors including the cost for the department to plant a tree. The Director reserves the right to alternatively require payment into the Tree Fund based on a tree appraisal method. (E) It is the duty of the Director to require and see that the provisions of this section are strictly, promptly, and fully enforced.

(Ord. No. 2800-2023, § 1(Att.), 12-11-2023)