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5.7. SR 01-27-2003
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5.7. SR 01-27-2003
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ZONING AND LAND USE REGULATIONS <br /> <br />§ 30-753 <br /> <br /> (3) Establish requirements related to cut- <br /> ting, removal or destruction of ex/sting <br /> trees, especially significant trees. <br /> (4) Establish reasonable requirements for re- <br /> placement of significant trees. <br /> <br /> (5) Provide for administration and enforce- <br /> merit of tree regulations. <br />(Ord. No. 218, § 409:01, 3-7-96) <br /> <br /> Sec. 30-752. Definitions. <br /> <br /> The following words, terms and phrases, when <br />used in this division, shall have the meanings <br />ascribed to them in this section, except where the <br />context clearly indicates a different meaning: <br /> <br /> Caliper inches. See Stem caliper and Stem <br />diameter <br /> <br /> Critical root zone of a tree means the area ora <br />circle around a significant tree with a radius that <br />is equal to 1.5 feet for every inch in stem diame- <br />ter. <br /> <br /> Developer means the developer, subdivider, <br /> owner of the land or person who is applying for <br /> tree removal and who does not meet the definition <br /> of a homeowner as defined in section 30~782. <br /> <br /> High tree density means a parcel of land con- <br /> taining six or more total caliper inches of signifi- <br /> cant trees per 1,000 square feet of land. <br /> <br /> Low tree density means a parcel of land con- <br /> taining less than six total caliper inches of signif- <br /> icant trees per 1,000 square feet of land. <br /> <br /> Replacement tree means a tree planted as part <br />of the tree replacement plan, which must be at <br />least three ~aliper inches measured 12 inches <br />from the ground and which otherwise meets the <br />requirements of this section, except bur oak, <br />swamp white oak, pagoda dogwood, ironwood and' <br />similar trees accepted by the city which may be <br />1.25 caliper inches. A coniferous tree seven feet <br />high will meet the three minimum caliper inches <br />required. (See exceptions for steep slopes.) <br /> <br /> Significant tree means any deciduous or conif- <br />erous tree measuring eight caliper inches in di- <br />ameter or greater which is not dead or actively <br />infected with oak wilt or Dutch elm disease, <br />excep~ bur oak, swamp white oak, pagoda dog- <br /> <br /> wood, ironwood and similar trees accepted by the <br /> city may be four caliper inches in diameter or <br /> greater. <br /> <br /> Stem caliper means the diameter of a tree <br /> measured at six inches above the ground for <br /> stems less than or equal to four inches and at 12 <br /> inches for stems greater than four inches in <br /> diameter. <br /> <br /> Stem diameter (caliper inches, trunk diameter) <br /> means the diameter of a tree measured usually at <br /> 4.5 feet above the ground. For trees that branch <br /> at or below 4.5 feet above the ground but above <br /> one foot, stem diameter is measured at the small- <br /> est point below 4.5 feet. Trees that branch below <br /> one foot will be considered to have multiple stems <br /> and the diameter of the tree will equal the sum of <br /> the diameters of each stem. <br /> <br /> Tree removal means any excavating, grading, <br /> clearing, filling or other earth change or any <br /> cutting, which may result in removal or killing of <br /> more than ten percent of the significant tree <br /> caliper inches on any land within any period of <br /> five years. <br /> <br /> Tree trunk means the stem portion of a tree <br /> from the ground to the first branch thereof. <br /> <br /> Any terra used in this division and not defined <br /> in this section shall have the meaning as other- <br /> wise defined in this Code. <br /> (Ord. No. 218, § 409:02, 3-7-96) <br /> Cross reference--Definitions generally, § 1-2. <br /> <br /> Sec. 30-753. Permit. <br /> <br /> (a) Required. It is unlawful for any person to <br />use land for, or to engage directly or indirectly in, <br />tree removal unless such person shall first have <br />applied for and obtained from the city council, in <br />the manner provided in this section, a permit <br />authorizing tree removal. Provided, however, that <br />no permit shall be required by any person making <br />any excavation in conjunction with a building: <br /> (1) For which there has been issued an ap- <br /> propriate building permit; and <br /> (2) Which is to be constructed: <br /> <br /> a. Upon land for which a permit for <br /> tree removal under this division has <br /> previously been issued; and <br /> <br />CD30:101 <br /> <br /> <br />
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