5.7. SR 01-27-2003 - Laserfiche WebLink

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ZONING AND LAND USE REGULATIONS § 30-784 more than ten percent of the significant tree caliper inches on any land within any period of five years. Tree trunk means the stem portion of a tree from the ground to the first branch. Any term used in this division and not defined in this section shall have the meaning as other- wise defined in the Code. (Ord. No. 218, § 409:10, 3-7-96) Crou reference--Definitions generally, § 1-2. Sec. 30-783. Permit. (a) Required. It is unlawful for a homeowner to use land for, or to engage directly or indirectly in, tree removal unless the homeowner shall first have applied for and obtained from the city, in the manner provided in this section, a permit autho- rizing tree removal. Provided, however, that no permit shall be required by a homeowner for excavation in conjunction with a building: (1) For which there has been issued an ap- propriate building permit; and (2) Which is to be constructed: a. Upon land for which a permit for tree removal under this division has previously been issued; and b. In accordance with such permit. (b) Failure to obtain. Failure to obtain a per- mit shall be cause to deny issuance of a building permit, prohibiting continuation of any construc- tion of the property, connection or extension of any utilities on the property or on any adjacent streets, issuance of a certificate of occupancy and to require remedial action in accordance with the tree replacement table to replace significant trees, lost or expected to be lost as a result of activity on the site. (c) Application. Application for a tree removal and replacement permit shall be made in writing using the form provided by the city. The applica- tion shall include: (1) The name, address and signed concur- rence from the owner of land. (2) Using a current survey at a suitable scale ' of the property, include: a. The existing and proposed buildings and structures on the site; b. The location, size and type (species) of all significant trees on the prop- erty; c. The location, size and type (species) of all significant trees proposed to be removed/lost; and d. Location and type of protection mea- sures used to prevent damage to the critical root zone of significant trees to be protected. Significant trees shall be considered lost as a result of grade change, including grading or filling, whether temporary or permanent, affecting 55 percent or more of the tree's critical root zone; cutting of 45 percent or more of the tree's roots within the critical root zone; mecbanical injury to the trunk causing loss of more than 40 percent of the circumference of any portion of the tree bark; compaction to a depth of six inches or more of 45 percent or more of the surface of the soil within a significant tree's critical root zone. (3) Trees designated for preservation shall be protected by snow fence or other means acceptable to the city. The Protective mea- sures must protect at leaSt the entire root zone of the trees. (4) The estimated period of time within which the tree replacement will be conducted. (Ord. No. 218, §§ 409:11, 409:12, 3-7-96) Sec. 30-784. Tree protection and replace- ment. (a) Homeowner required to replace lost trees. A homeowner shall replace live significant trees lost or reasonably anticipated to be lost as a result of grading, building upon or any other alteration of the land immediately or in the future, by the homeowner, or the homeowner's agent or subcon- CD30:109