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HomeMy WebLinkAboutAgenda - Natural Resources & Conservation Committee - 06/05/2024 NATURAL RESOURCES & CONSERVATION COMMITTEE MEETING AGENDA JUNE 5, 2024 Participation Options In Person: 180 Market Street, First Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/254346365 Via phone: +1 (872) 240-3212| Access Code: 254-346-365 Regular Session 6:00 p.m. 1. Welcome (6:00 p.m.) 2. Additions, deletion, or changes in order of Agenda Items (6:01) 3. Comments from the public not related to the agenda (6:04) 4. *Adoption of meeting minutes (6:10) 5. City updates (6:15) a. Staff b. Council 6. Discuss Committee Reorganization Meeting (6:30) 7. Homegrown National Parks https://homegrownnationalpark.org/ (6:45) 8. Stormwater pond lawn maintenance policies; Follow-Up (7:00) 9. Tree regulation: Strategy for LDR revision draft creation (7:15) 10. Member updates & reports: (7:45) a. Chair b. Other Members 11. Other business (7:55) 12. Next meeting, July 7th 13. Adjourn (8:00) 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV Respectfully submitted: Dave Wheeler Water Resources Engineer ***Attachments included NATURAL RESOURCES & CONSERVATION COMMITTEE DRAFT MEETING MINUTES The South Burlington NRCC held a regular meeting on Wednesday May 01, 2024, at 6:03 pm, in Room 301, 180 Market Street and by GoToMeeting remote participation Members present: D. Wheeler, City Liaison; J. Chault, Chair; L. Kupferman, Vice Chair; K. Boyk; J. Bossange; J. Keene; L. Yankowski Public attendees: R. Doyle 1. Mr. Chaulot welcomed everyone. 2. No additions, deletions or changes to the agenda. 3. No comments from the public. 4. Adoption of meeting minutes. 1. For April 03,2024, with changes, Miss Yankowski moved to accept, Mr. Kupferman 2nd- approved unanimously. 2. For minutes from 11/02/2022, 09/07/2022, 04/06/2022, 06/21/2021and Joint meeting with Recreation and Parks, NRCC, Bicycle & Ped and Common Area for Dogs- Miss Yankowski moved to accept the minutes from these past meetings and Miss Boyk 2nd. Approved unanimously. 5. City Updates- reference materials included. 1. Green Up Day is Saturday May 04, 2024. 2. Weed Warriors with Mike Bold at Wheeler Homestead, Saturday May 04, 1-3 pm and 3-5 pm. 3. Replacements trees have been interplanted with Ash trees. Injection treatment will begin soon. 4. Oak Brook Pines Subdivision, across from San Remo Dr., is being required to improve/update storm water runoff. This is a state mandate. Public meeting is May 08, 2024at 6 pm. 5. S. Kershner and A.Matth, (Rec and Parks Dept Director), presented the Open Space Plan to the city council. The next step is to hire a consultant to refine the plan. Listen & Learn sessions at expected late summer going into autumn. We need to wait to see what the consultant decides, first. 6. The city is proposing updates to the Water Ordinance. 7. With grant money- the city is conducting an Industrial User Survey (IUS) and Service Line Inventory (SLI). -IUS: Conducting outreach to industries to determine wastewater pollutants from industrial users. The City’s wastewater ordinance will be updated related to industrial discharges identified through the survey. - SLI: Conducting a service line inventory to identify any lead pipes in the water distribution system. Work is ongoing, but no lead pipes have been found. 8. May 29, 2024, the city is meeting to discuss city committees. The City Charter states that Council can appoint committees it “feels to be in the best interests of the City.” In the adopted FY24 Policy Priorities and Strategies, includes a priority to “consider revamping the Committee structure after the adoption of the City Plan 2024.” In March the City Council gave direction for staff and Committee Chairs to work together to develop recommendations for Council to consider that ensure that the Council’s policy advising committees are aligned to the work of the City as outlined in the City Plan 2024. Recommendations may include anything from keeping some or all committees as they are, to modifying areas of responsibility, to establishing one or more new committees or merging existing committees. 6. Home Grown National Parks has been moved to June. 7. Stormwater pond lawn maintenance policies. Mowing and pesticide use review. (See the reference materials sent for the meeting. 1. Mr. Wheeler, Water Resources Engineer: enlightened us into the world of water resources and what the division maintains through out South Burlington. He explained reasons for mowing: to check infrastructure and pipes, dredge out sediments, monitor water levels. Mowing helps keep invasive wild parsnip, under control. Mr. Chaulot supports less mowing to provide pollinator habitat. Miss Boyk inquired if the mowing affects nutrient levels in the ponds. It does not appear to. Mr. Chaulot still wants to discuss the mowing with the scheduler at public works. 8. VT Pesticide Ordinance 1. Bill H.706 is making its way through the statehouse in Montpelier. We need to wait to see what the state decides. 9. Tree regulations: Strategy for LDR revision draft creation. 1. We are waiting for the revised Tree Ordinance to be presented to the Planning Committee. Mr. Bossange has already started working on a draft embedding language the NRCC would like to see added. Mr. Chaulot and Mr. Keene will join him to finish the changes. Mr. Wheeler feels it could be beneficial to present a completed document that already included our modifications. The gentlemen will work to have this complete by our next meeting. 10. Member Updates 1. The, “Wildlife & People”, event was held April 24. Wildlife rehabilitator Sophia Parker and VT Fish & Wildlife Game Wardens Asa Sargent & Jeremy Schmid, were present to answer questions about wildlife. Information was available with resources letting people know what to do and who to contact should an injured animal be found. Rehabilitators are specially trained and licensed how to handle and assist wildlife. 2. Mr. Kupferman will keep the group informed of upcoming “Burlington Wildwoods” environmental events. 3. Mr. Doyle inquired about “Friends of...” groups for parks/natural areas. Is it possible to have future discussions as to how these groups can help with volunteering and fundraising. Like the group of Weed Warriors. Friends of Dog Parks generally help monitor and clean. NEXT MEETING IS JUNE 05, 2024 at 8:00 pm Adjourned at 8:05 pm 1 INTENT AND PURPOSE While allowing for reasonable improvement of land within the City, it is the stated public policy of the City to add to the Tree population within the City, where possible, and to maintain, to the greatest extent possible, existing Trees within the City. The planting of additional Trees and the preservation of existing Trees in the City is intended to accomplish the following objectives: 1. To preserve Trees as an important public resource enhancing the quality of life and the general welfare of the City and enhancing its unique character and physical, historical, and esthetic environment; 2. To preserve the canopy and essential ecological character of those areas throughout the community that are heavily wooded; 3. To enhance and preserve the air quality of the City through the filtering effect of Trees on air pollutants and replenishing the atmosphere with oxygen; 4. To reduce noise within the City through the baffle and barrier effect of Trees on the spread of noise; 5. To reduce topsoil erosion through the soil retention effect of Tree roots; 6. To reduce energy consumption through the windbreak and shade effects of Trees when they are properly placed on a Lot; 7. To provide habitat and food for birds and other wildlife, including the preservation and enhancement of nesting areas for birds and other wildlife, which in turn assist in the control of insects; 8. To provide contiguous parcels and wildlife corridors to support wildlife behavior and access to their natural habitat and range for food, shelter, and reproduction; 9. To reduce stormwater runoff and topsoil erosion and the costs associated therewith and replenish groundwater supplies; 10. To protect and increase values; and 11. To enhance economic stability by attracting businesses and visitors. 12. The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. ARTICLE 2 DEFINITIONS Commented [JK1]: Removing this language, as a more detailed ‘Definitions’ section has been provided below. 2 [12] Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to and including four (4) -inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes. [12] Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum of twelve hundred (1,200) square feet. [26] Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. [40] Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more. [40] Silviculture (forestry). Shall include the following land use activities conducted in accordance with state-defined proper forest management: the growing and harvesting of trees or timber for purposes other than their fruit; and the use of temporary processing equipment such as chippers and portable sawmills, which are used in association with harvesting operations and are removed from the site once harvesting operations are complete. [41] Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. DEFINITIONS Aggregate Diameter: The combined diameter of a multiple-trunk Tree measured at Breast Height. Building Activity Area: That buildable area of a lot in which construction and building activities are to be limited and hence shall be the smallest possible area of a lot or parcel of land within which building activity may take place, including the entire area affected by building and grading activities related to the proposed construction, to be determined with maximum regard for existing Trees. Caliper: The diameter of a Tree trunk six inches (6") above the existing grade or proposed planted grade. Caliper is usually used in reference to nursery stock for new plantings. Canopy Zone: The area inscribed by the trunk branches and leaves of a Tree. Damage: Any act that results in the death, likely death, loss in value, loss in aesthetic value, or substantial destruction of a Tree, or causes the Tree to become diseased or a hazard to persons or property, as determined by the City Arborist or their designee. 3 Diameter Breast Height Or "DBH": The diameter of a Tree measured at four and one-half feet (4½') above the existing grade at the base of the Tree. General Contractor: An individual, partnership, corporation, association, joint venture, governmental entity, or commercial entity that is a property owner or directly contracts with a property owner and performs or manages a project on such owner's property that requires the issuance of a building permit. Heritage Tree: Any Tree of the following genera or species: ● All trees in the genus Quercus (Oaks) greater than or equal to 30" DBH; ● Ulmus Americana (American Elm) greater than or equal to 40" DBH; ● All trees in the genus Carya (Hickory) greater than or equal to 20" DBH; or ● All trees in the genus Juglans (Walnut) greater than or equal to 30" DBH Key Tree: Any Protected Tree of the following genera or species: ● All trees in the genus Carya (Hickory); ● Taxodium distichum (Bald Cypress); ● Celtis occidentalis (Hackberry); ● Ginkgo biloba (Ginkgo); ● Gymnocladus dioicus (Coffee tree); ● All trees in the genus Juglans (Walnut) ● Pseudotsuga menziesii (Douglas Fir); ● Pinus strobus (White Pine); ● Picea abies (Norway Spruce); ● Quercus velutina (Black Oak); ● Quercus macrocarpa (Burr Oak); ● Quercus alba (White Oak); ● Quercus rubra (Red Oak); or ● Quercus bicolor (Swamp White Oak). ● Sycamore ● Honey Locus ● Birch (all species) ● Linden (all species) ● Acer Saccharum (Sugar Maple) Lot or Lot of Record: A portion of platted land measured, set apart, and subdivided as a distinct parcel having its principal frontage upon a street and created and delineated upon a plat of subdivision. Plant Palette: A list of species of plants that, in the opinion of the City Arborist, are: (i) native to the City or to the surrounding area; (ii) not likely to harm other plants in the City; and (iii) reasonably likely to grow successfully in the City. The Plant Palette is divided into three categories: Deciduous Shade (Category A), Evergreen (Category B), and Deciduous Ornamental (Category C). 4 Protected Tree: Any Tree having a diameter of eight inches (8") DBH or larger or having an Aggregate Diameter of 15 inches DBH or larger, except any tree in the genera Rhamnus (Buckthorn) or Salix (Willow). Remove or Removal: The causing or accomplishing of the actual physical removal of a Tree, or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a Tree. Root Zone: The area inscribed by an imaginary line on the ground beneath a Tree having its center point at the center of the trunk of the Tree and having a radius equal to one foot (1') for every inch of DBH. Tree: A self-supporting, woody plant, together with its root system, having a well-defined stem or trunk or a multi-stemmed trunk system, a more or less well-defined crown, and a mature height of at least eight feet. "Tree" shall not include trees in containers or nursery stock trees maintained for resale. Tree Maintenance: The causing or accomplishment of actual physical actions taken to promote the health, condition, and form of trees, including, but not limited to, pruning, watering, fertilizing, bracing, cabling, and improving the condition of the roots, trunk and canopy of trees. Tree Preservation Area: Those areas of a Lot or parcel of land within which all Trees with a six-inch DBH or larger shall be protected. Tree Preservation Plan: A written plan having text and/or graphic illustrations indicating the methods which are to be used to preserve existing Trees during construction, which plan shall: (i) include a Tree Survey; and (ii) depict the proposed placement of all utility service lines on the subject property. Tree Removal Permit: That permit required by this Chapter to be issued to Remove any Protected, Key or Heritage Tree within the corporate limits of the City. Tree Survey: A graphic display of all existing Trees upon the Lot with a six-inch (6") DBH or greater, which survey shall also contain the approximate outline of the Root Zone of each such Tree. If requested by the City Arborist, the survey shall also identify the size and species of each Tree, and an opinion, from a certified arborist, of the condition and form of each Tree. ARTICLE 8 – CITY CENTER FORM-BASED CODE DISTRICT [116] G. Landscaping Requirements. (2) Within the City Center FBC District, the minimum landscaping budget may be applied to non-bulb perennial vegetation, or other amenities, as detailed in Table 8-2 and Article 11.B, Civic Space Types, as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. 5 [128] T3 – Street trees [133] T4 – Street trees [135] T5 – Street trees ARTICLE 9 - SEQ [149] 9.08 SEQ-NRN Sub-Districts; Specific Standards A. Landscape and Fence Buffer Standards, SEQ-NRN Sub-District. (2) Existing Vegetation. (a) Existing vegetation that can effectively serve as landscape buffer to potentially incompatible uses and/or are significant, heathy trees shall be retained to the maximum extent possible, while accommodating the permitted level of development. (3) Landscape Buffer Types. (c) Type II – Informal Plantings. A Type II landscaped buffer must be composed of a split rail fence (or equivalent approved by the DRB), major trees, a partial understory of small trees, and a berm with a mixture of shrub type plantings. The minimum amount of planting per 100 horizontal feet of buffer shall be a full ground cover, two trees of at least 3” caliper, three ornamental or understory trees of at least 2” caliper, and any combination of shrubbery that occupies at least 50% of the area at the time of planting, all of which shall be distributed throughout the minimum buffer width described in Table 9-2A. With approval of the City Council, up to 10 feet of the green space between a recreation path and a property line may be used to enable the installation of the split rail fence and a portion of a berm. ARTICLE 11A STREET TYPOLOGIES [171] Pedestrian Street Greenbelt / Furniture Zone: Landscaping - Street trees shall be installed on one side at spacing requirements of applicable district [172] Avenue The greenbelt may consist principally of hardscape elements but must include sufficient access to soil for required trees 6 Medians measuring 9’ or more in width shall be planted with street trees at an average spacing of no more than 50’ on center. ARTICLE 11B CIVIC SPACE/SITE AMENITY REQUIREMENTS [174] Site Amenities – Streetfront Open Space - Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. [174] Wooded Area - Naturally occurring area with predominance of canopy trees with enhancement and public access. [174] Sun Terrace; [174] Courtyard; [174] Pedestrian Pass; ARTICLE 12 [183] (2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for an equal amount of land within the same Planned Unit Development or Site Plan upon written request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block exchange, the Development Review Board shall require the applicant to: (a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for exchange; and (b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast height (dbh) within the exchange area. [184] F. Standards for Habitat Block Protection. (1) General Standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in 7 accordance with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated condition. Specifically: (a) The clearing of trees and understory vegetation is prohibited except as specified in this section. [185] G. Exempted Uses and Activities. The following uses and activities are exempt from review under this section: (2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing an imminent threat to buildings or infrastructure [185] 12.04 Habitat Block Overlay District, H. Development Within Habitat Blocks The encroachment of new development activities into, and the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited. However, the DRB may allow the following types of development within a Habitat Block pursuant to the standards contained herein: (1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental standards: a. . . . b. The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width necessary for the facility to function for its intended purposes (street tree requirements shall not apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet State or Federal law; and, c. . . . [187] C. Standards for Protection of Habitat Connectors. (4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect, professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must design the relocated 8 Habitat Connector to support the movement of mammal species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10) years. (5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels where development is proposed and pre-existing conditions consist of Habitat Connectors that are less than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a robust planting plan of native tree and shrub species and specific actions to minimize disturbance to any existing vegetation supporting a habitat function within areas of the Habitat Connector less than 150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing structures on the subject parcel. 12.07 River Corridor Overlay District - RCO [194] I. Development Standards. (2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally prohibited. This standard also does not apply to forestry operations or silvicultural (forestry) activities exempt from local zoning regulation or the removal of trees that are dead, diseased, heavily damaged by ice storms or other natural events, or identified as an invasive species. The placing or storing of cut or cleared trees and other vegetation is also prohibited. [207] (3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District shall comply with the following standards: (p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures within may be approved by the DRB provided the following standards are met: (iv) The project shall preserve, maintain and supplement existing trees and ground cover vegetation to the greatest extent possible. ARTICLE 13 SUPPLEMENTAL REGULATIONS [215] 13.04 Landscaping, Screening, and Street Trees A. Purpose. 9 The City of South Burlington recognizes the importance of trees, vegetation, and well-planned green spaces in bringing nature into the city and using these as a resource in promoting the health, safety, and welfare of city residents through improved drainage, water supply recharge, flood control, air quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to site plan and planned unit development review. Street tree planting shall be required for all public streets in a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan requirements, the Development Review Board shall promote the retention of existing trees while encouraging the use of recommended plant species. In making its decisions, the Development Review Board may refer to the Vermont Tree Selection Guide, published by the Vermont Urban & Community Forestry Program and/or the recommendation of the City Arborist. [215-16] B. Landscaping of Parking Areas. (4) Landscaping Requirements. (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). [217] (6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed over surface parking areas, the requirements of this section shall be modified as follows: 10 (a) The requirements for interior landscaping and planting islands shall not apply to any area covered by solar panels or their support structures, and; (b) The requirements for perimeter trees shall not apply where such trees would interfere with the installation or function of the panels; instead, alternate means of providing screening and reducing glare from parking area perimeters, including hedges, fencing, or art installations shall be provided. [220] C. Screening or Buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi- family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. [220] (6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such landscaping plan shall be part of the application. [220] G Landscaping Standards. TREE PRESERVATION INVOLVING CONSTRUCTION (A) In connection with projects requiring building permits, a Tree Preservation Plan shall be filed with the building permit application. All buildings, building additions, and other structures (including but not limited to driveways) shall be located upon a Lot or parcel of land in such a way as to minimize Tree Damage and/or Removal, consistent with the various setback requirements of the Zoning Code of the City. The Tree Preservation Plan shall specify the Tree Preservation Area and Building Activity Area upon the Lot or parcel of land for which a building permit application has been filed. (B) No Tree Removal Permit shall be issued to an applicant for a building permit unless the City finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing Protected, Key and Heritage Trees, in accordance with the following: 11 1. Building placement and driveway, walkway and parking areas shall be designed in such a way as to avoid unnecessary removal of Protected, Key and Heritage Trees. 2. The required drainage and grading plan shall be developed in such a way as to avoid removal of Protected, Key and Heritage Trees wherever possible and to protect remaining Protected, Key and Heritage Trees and Trees with a six-inch (6") DBH or larger located in the Tree Preservation Area from risk of loss through change in grade or moisture. 3. Preliminary landscape planning shall have been accomplished to reflect Tree replacement required by this Chapter and shall include preservation of existing healthy Protected, Key and Heritage Trees. 4. The Root Zone and Canopy Zone of Protected, Key and Heritage Trees on Lots adjacent to the Lot in question on which construction activity will take place shall be carefully reviewed and considered during the preparation of the Tree Preservation Plan. Every effort should be made during the architectural layout and design of the proposed development to preserve Protected, Key and Heritage Trees on adjacent Lots through sensitivity to the Root Zones and Canopy Zones of said Trees. If the Tree Survey and Tree Preservation Plan show an impact of the planned construction activity on a Heritage Tree, its Root Zone or Canopy Zone, wherever located, then the City Arborist must approve the Plan in writing prior to commencement of the construction activity. 5. If, notwithstanding the decision of the owner to preserve a Protected, Key or Heritage Tree impacted by the placement of a building, driveway, walkway or parking area, the City Arborist determines, in exercise of their professional judgment, that there exists a substantial likelihood that the impacted tree would die within a year from date of construction completion as a result, either directly or indirectly, of the construction activity, then the City Arborist may require the owner to plant replacement trees as required pursuant to Section 5. All replacement trees must be planted within six months after the date of written notice to the owner of the City Arborist's decision to require planting of a replacement tree. 6. With the approval of the City Arborist (a) a Tree that is dead, diseased, or infested may be Removed, (b) Tree(s) may be Removed for the health of remaining trees according to recognized accepted forestry practices and (c) Tree(s) may be Removed that are a danger to life or property. No replacement Trees or fees shall be required for Trees removed pursuant to this Section (6). (C) No building permit shall be issued to an applicant for a building permit by the City unless the approved Tree Survey and Tree Preservation Plan have been filed with the building permit application and unless the General Contractor installs 12 required protective fencing prior to construction, which fencing shall be inspected and approved by the City Arborist. The General Contractor shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around Tree Preservation Areas so that, other than for Trees which may be removed pursuant to paragraph (B)(6) above, all Protected, Key and Heritage Trees and Trees with a six inch (6") DBH or larger in Tree Preservation Areas shall be preserved and the Tree Preservation Area shall be protected physically from the Building Activity Area. All required protective fencing or other physical barrier must be in place around the Tree Preservation Area and approved by the City Arborist prior to beginning construction. The fencing or other physical barrier must remain in place during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the Tree Preservation Area. All fencing shall be of a rigid material (i.e., wood lathe, chain-link, etc.) and must be secured to metal posts driven into the ground, spaced no further than ten feet (10') apart. 1. Work shall not begin on the Lot until the Lot has been inspected by the City for compliance with the Tree Preservation Plan. Once the City approves the placement of fencing or a physical barrier, the fencing or physical barrier may not be removed by any party unless prior written approval is obtained by the City Arborist or their designee. 2. An approved Tree Preservation Plan shall be available on the Lot before work commences and at all times during construction of the project. The General Contractor shall be responsible for notifying all other contractors working on the Lot and the owners of property contiguous to the Lot of the existence of the Tree Preservation Plan. (D) During construction, all reasonable steps necessary to prevent the Damage of Protected, Key and Heritage Trees (other than those specified by the City Arborist to be Removed) shall be taken, including, but not limited to the following: 1. No construction activity, movement, and/or placement of equipment or material or spoils storage shall be permitted outside the Building Activity Area, or within the Tree Preservation Area, or Canopy Zone of Protected Trees, unless approved in advance by the City Arborist or their designee. 2. No excess soil, additional fill, liquids, or construction debris shall be placed within the Root Zone of any Tree that is required to be preserved. 3. Appropriate protective fencing shall be temporarily installed for protection of remaining Protected Trees. After installation of the fencing, the fencing may not be 13 moved, altered, changed, or removed until completion of the work, without the prior written permission of the City Arborist or their designee. 4. No attachments, fences or wires, other than those approved for bracing, guying or wrapping, shall be attached to Trees during the construction period. 5. The permittee shall undertake all Tree maintenance measures indicated on the Tree Preservation Plan before, during, and after construction, which measures may include, without limitation, root pruning of Protected, Key or Heritage Trees. 6. Unless otherwise authorized by the Tree Removal Permit, no soil is to be removed from within the Root Zone of any Protected, Key or Heritage Tree that is to remain. 7. The Building Activity Area within the construction site shall be rough graded and backfilled in accordance with standards established by the City Manager and only after inspection by the City shall the contractor be permitted to begin additional site preparation work. (E) It shall be unlawful for any person, firm, or corporation to fail to abide by the terms of any Tree Preservation Plan pursuant to which a building permit or Tree Removal Permit has been issued. (F) A stop work order may be issued by the City as provided in the applicable provisions of this Code, and in the following additional circumstances: 1. The Removal of a Protected, Key or Heritage Tree has been undertaken without first having obtained the necessary Tree Removal Permit; 2. The required protective fencing has been damaged, destroyed, removed, or otherwise rendered ineffective for the purpose for which it was required; 3. The necessary precautions as specified in the Tree Preservation Plan were not undertaken before construction commenced, and/or Damage to Protected, Key or Heritage Trees has occurred or is likely to occur during construction; or 4. The Building Activity Area within the construction site was not rough graded or not backfilled in accordance with the standards established by the City Manager or additional site preparation work was commenced before an inspection of the construction site by the City. The stop work order shall be in effect until such time as the permittee complies with the appropriate regulations or, in the case of existing or likely Damage to Protected, Key or Heritage Trees, takes corrective action acceptable to the City to mitigate any Damage to any such Trees (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. 14 (3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table Figure 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. [221] I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan. 1. The Tree Survey of the lot which shall be drawn on a scale of not less than 1"=30' and shall show all Trees with a DBH of six inches (6") or greater and include a listing of the species of each Tree with a DBH of six inches (6") or greater which will be impacted by the construction activity. For sites on which development activity is to occur on less than the entirety of the site, the City may provide that the Tree Survey exclude those portions of the site which it determines will not be affected by the development activities; 2. A Tree Preservation Plan in conformance with the requirements of this Chapter; and 3. A report from a certified arborist, if required by the City. The arborist's report shall identify the tree species, the condition, and size of each tree on the property and on adjacent property in instances where construction activities may impact a Protected, Key or Heritage Tree on the adjacent property. The report shall also incorporate (i) the Tree Preservation Plan, and (ii) a tree damage mitigation plan, identifying the method by which the applicant will mitigate likely damage occurring to other trees before, during and after construction as a result of the proposed activity. Commented [JK2]: Need to determine where this needs to be moved. 15 (D) Permit Determination 1. Permits must be approved, approved with conditions or adjustments, or rejected by the City Arborist or other City officials(s). TREE REPLACEMENT If tree replacement is required pursuant to this Chapter: 1. Each Removed Protected Tree shall be replaced with two new Trees or saplings, of a species chosen from any Category of the Plant Palette, of not less than three inches caliper; provided, however, that a new Tree may be less than three inches caliper if the new Tree is an evergreen Tree or a multi- stemmed Tree and is at least eight feet in height. 2. Each Removed Key Tree shall be replaced with three new Trees or saplings, of a species chosen from Categories A or B (but not Category C) of the Plant Palette, of not less than three inches caliper; provided, however that a new Tree may be less than three inches caliper if the new Tree is an evergreen Tree or a multi-stemmed Tree and is at least eight feet (8') in height. 3. Each Removed Heritage Tree shall be replaced with four new Trees or saplings, of a species chosen from Category A (but not Categories B or C) of the Plant Palette, of not less than three inches caliper. If the City Arborist determines, in their sole and absolute discretion, that the full replacement of Trees would result in unreasonable crowding of Trees upon the Lot, the permittee shall pay the City a fee in lieu of making such replacement in kind, in accordance with the fee schedule set forth in Section 4, above. APPLICATION FOR TREE REMOVAL PERMITS (A) An applicant for a Tree Removal Permit shall file an application therefore with the City Arborist, which application shall contain, without limitation, the following: 1. Name and address of applicant; 2. Commonly known address of Lot or property where the Protected, Key or Heritage Tree(s) sought to be Removed is located; 3. A written statement indicating the reason for Removal of the Protected, Key or Heritage Tree(s); 4. A general description of all Protected, Key or Heritage Trees to be Removed, including species and size; 5. Name and address of the contractor or other person who is proposed as having responsibility for Tree Removal; and 16 6. Payment of a Tree Removal Permit fee, as required pursuant to this Chapter. (B) In the event a Tree Removal Permit is sought in connection with construction requiring a building permit, the application shall also be accompanied by: (C) Fees 1. Prior to the issuance of a Tree Removal Permit pursuant to this Chapter, the applicant shall pay a fee in the following amounts: • $10,000 for each Heritage Tree • $5,000 for each Key Tree, and • $1,000 for each Protected Tree. E. Transition Zone. [304] (b) Acceptable design techniques and modifications applied within a Transition Zone, subject to DRB review and approval, include but may not be limited to: (ii) Using existing natural features, such as changes in topography, waterways, or tree stands to visually screen or functionally separate different forms and intensities of development. ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW [235] B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are: (10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval. See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements. ARTICLE 15.A SUBDIVISION REVIEW 15.A.12 Resource Protection Standards [268] C. Resource Identification. Commented [JK3]: Removing this language 17 Site features or resources to be incorporated in subdivision layout and design, as shown to scale on sketch and master plans, must be field verified and delineated on the ground by the applicant as specified in Article 12 of these Regulations for each resource, and as indicated on preliminary and final subdivision plans and plats. (1) Existing Site Features. Existing site features of significance to the City, to be considered in subdivision layout and design include: (b) Prominent shade trees, street trees, or documented specimen or witness trees. ARTICLE 15.C TND [307] E. Conservation PUD Sub-Zones. A Conservation PUD must include the following Sub-Zones, as designated on the PUD Master Plan, and as more specifically identified and delineated on preliminary and final subdivision plans and plats: (1) Conservation Area. A Conservation PUD must include one or more designated “Conservation Areas” which at minimum comprise 70% of the total tract or parcel area; and which, to the maximum extent physically feasible, are contiguous or linked to resource or other open space areas located on adjacent parcels or in the immediate vicinity of the proposed PUD. Any tract or parcel area, or portion thereof, which is subject to a conservation easement that prohibits or otherwise limits future subdivision and/or other development held by the City or a qualified nonprofit organization may be included in and incorporated into a designated Conservation Area so long as said tract or parcel, or portion thereof, and the proposed Conservation Area otherwise meet the requirements of this Section 15.C.05.E. (a) The designated Conservation Area(s) must include and incorporate: (iii) Other locally identified natural or open space resource areas present on the tract or parcel, as necessary to meet the minimum 70% allocation requirement. These may include: • Woodland or mature tree stands located outside of Habitat Blocks and Habitat Connectors regulated under Article 12.