A. Purpose. The purpose of this section is to protect and sustain the intrinsic value of trees and their ability to promote the public health, safety and general welfare, to lessen air pollution, to increase air filtration, to reduce noise, heat and glare, to prevent soil erosion, to aid in surface drainage and minimize flooding, to beautify and enhance the environment.

B. Protected Trees. Any tree measuring thirty (30”) DBH (Diameter Breast High) shall constitute a “significant tree” for purposes of this section and shall be protected to the extent practical and feasible. To this end, no person, firm, organization, society, association or corporation, or any agent or representative thereof shall directly or indirectly destroy or remove any tree in violation of the terms of this section.

C. Exceptions. Commercial timber, tree farms and nurseries, public utilities and agricultural operations and land disturbing activity of less than two acres on a single lot or parcel are exempt from the protective requirements of this section. Property cleared under the exemptions of this section shall not be redeveloped and the county shall withhold any development permit for a period of twenty-four (24) months.

D. Tree Survey. Prior to grading or clearing a lot or parcel for development and the issuance of a grading or building permit, the developer/owner applicant shall have conducted a tree survey identifying the location of all significant trees. Said trees shall be shown on a survey plat and physically marked with brightly colored tape or other markings.

E. Site Design. The design of any land development project or subdivision shall take into consideration the location of all significant trees identified on the tree survey. Lot and site design shall minimize the need to fell significant trees.

The site design shall be presented on a site plan showing:

1. Existing location and size of all significant trees,

2. Trees to be removed,

3. Trees to be preserved,

4. Areas to be cleared,

5. Areas for proposed structures and improvements.

Site plan approval by the director of planning and facilities shall be prerequisite to the issuance of a grading and/or building permit.

F. Tree Protection and Replacement.

1. Prior to Development. Where a grading permit, building permit or subdivision approval has not been issued, the destruction of any significant tree, as defined by this chapter, without prior approval of the director of planning and facilities, which approval shall not be unreasonable withheld, shall be prohibited.

2. During Development. During development, a minimum protective zone, marked by barriers, shall be established (erected) at the “drip line” and maintained around all trees to be retained as required by this section. There shall be no construction, paving, grading, operation of equipment or vehicles, or storage materials within this protected zone.

G. Significant Trees Removed without Permits. Where significant trees have been removed or where removal is necessitated at any time due to acts of negligence, or where sites were cleared of significant trees in violation of this section, replacement trees shall be planted in accord with a replacement schedule approved by the director of planning and facilities, who shall specify the number, species, DBH, and location of replacement trees, using the following criteria:

1. Combined DBH of replacement trees is equal to or greater than three times the DBH of the tree removed or;

2. Individual replacement trees are of the largest transplantable DBH available. (Ord. 99-O-25 § 4.5, 1999)