ORDINANCE NO. O-07-2010
AN ORDINANCE AMENDING ORDINANCE NO. O-4-90,
KNOWN AS THE
BE
IT ORDAINED BY THE BOARD OF COUNCIL OF THE CITY OF
SECTION I
That
the City of
SECTION I
1. AGGREGATE
DIAMETER INCHES. Sum of all tree trunk
diameters (in inches DBH) for all
native trees on a property that
are 6 inches DBH or greater.
1. . BOARD
OF COUNCIL - The Board of Council of the City of Fort Thomas, Kentucky.
2. BUILDABLE
AREA - Any portion of area within the defined construction limits of a
project that is essential for the
purpose of constructing improvements thereon.
2. CANOPY
TREE. A tree species that is capable of
growing to such heights that its branches form
the upper level of a forest.
3. CALIPER INCHES. The standard diameter measurement of tree
nursery stock measured at 6 inches above the root ball.
4. CITY COUNCIL. The legislative body of the City of
3 5. CITY -
4 6. CITY TREE - A tree located
on property owned by the city or public right-of-way.
7. DIAMETER AT BREAST HEIGHT
(DBH). The diameter in inches of a tree
measured at 4 ˝ feet above the existing grade.
8. DISTURBANCE LIMITS. Any portion of the property that will be
cleared, filled, trenched, or disturbed in any way for the purpose of
developing the property.
5 9. DRIP
LINE - A line connecting the tips of the outermost branches of a tree projected
vertically onto the ground.
6 10. LANDMARK
TREE - Any tree designated and identified as such by Tree Commission pursuant to the standards set forth herein.
7. NON-CITY
TREE - Any tree other than a City tree as heretofore defined.
11. PLANNING
COMMISSION. The Planning Commission of
the City of
8 12. PROTECTIVE
BARRIER - A barrier constructed to protect the root system, or trunk of a tree,
from damage during construction, or
from equipment or soil or material deposits.
9. ROOT
SYSTEM - Tree roots within the drip line perimeter.
10. TREE - Any living, self-supporting
woody or fibrous plant, usually having a single woody trunk, and having a diameter of not less than two (2) inches
measured at a point four (4) feet
above the ground.
11 13. TREE
COMMISSION. The Tree Commission of the City of
14. ZONING
ADMINISTRATOR. The official or officials
appointed by the City of
carrying
out the provisions and enforcement of the Official Zoning Ordinance of the City
of
SECTION
V
SUB
SECTION II
REQUIREMENTS FOR
DEVELOPMENT PLANS IN ALL ZONING DISTRICTS
The following requirements shall apply for all
development plans submitted for a development.
(A) (1)
In conjunction with any Stage I Development Plans, an applicant shall submit an
initial
supplement that contains: a map, a tree inventory,
a narrative, and a tree planting plan if applicable. This supplement shall be submitted to city
staff to review for completeness no later than twenty (20) calendar days prior
to the applicant’s Stage I Development Plan public hearing is to be scheduled
by the Planning Commission. Following submission of an initial supplement, the
Planning commission or the Tree commission may request further supplementation
consistent with the purposes of this chapter.
(a)The map shall:
(i) show the
approximate location of each tree on the property over six (6) inches
DBH; and
(ii) assign an
identification number to each tree shown; and
(iii) indicate the
disturbance limits of the proposed development; and
(iv) specify which of the identified trees are to
be saved and which will be lost due to construction; and
(vi) be drawn at a
scale not exceeding one inch to fifty feet; and
(vii) show topography
(not less than 5’ increments), existing and proposed
utilities, existing and proposed easements,
buildings, property lines, the forest or existing vegetation edge (if
applicable), a north arrow, and a graphic scale.
(b) The tree inventory shall be in tabular form
and shall:
(i) list each tree over six inches DBH on the
property identified on the map; and
(ii) include the
identification number of each tree corresponding to the map; and
(iii) include the
scientific name, common name, and DBH of each identified tree; and
(iv) indicate whether the identified tree is a
native or non-native species; and
(v) indicate whether
the identified tree will be saved or will be lost due to
construction; and
(vi) provide the aggregate diameter inches of
identified, native trees on the property, the total diameter inches of
identified, native trees to be saved, and the total diameter inches of
identified, native trees to be removed.
Without limiting the requirements of this section,
a tree inventory may take substantially the following form.
Example
table:
|
Identification
Number |
Species |
Common
Name |
DBH |
Native |
Saved |
|
1 |
Quercus bicolor |
swamp
white oak |
45 |
Yes |
Yes |
|
2 |
Acer rubrum |
red
maple |
15 |
Yes |
No |
|
3 |
Fagus grandifolia |
American
beech |
8 |
Yes |
No |
|
4 |
Ailanthus altissima |
tree
of heaven |
28 |
No |
No |
|
|
|
Native aggregate diameter total: |
68 |
|
|
|
|
|
Native aggregate diameter to be lost: |
23 |
|
34% |
|
|
|
Native aggregate diameter to be saved: |
45 |
|
66% |
(c)
The narrative shall:
(i) state the aggregate
diameter inches of identified, native trees on the property;
(ii) explain how the proposed development will
meet the requirement in 3(a) of this section, which may include any combination
of means allowed under paragraph
(3); and
(iii) explain what measures will be taken during
construction to protect those identified trees that will be saved pursuant to
subsection (C) of this section.
(d) If the
applicant proposes to meet the requirement in 3(a) by planting trees, the
initial supplement shall include a tree planting plan which shall:
(i)
include a schematic that indicates the location, tree species, and size of each
tree to be planted in relation to the development
improvements, utilities, hardscape (includes access drives, parking lots,
buildings, retaining walls, sidewalks, etc), grading, and saved trees; and
(ii) graphically show at least 200 square feet of
contiguous rooting space per tree to support long-term growth for each proposed
tree.
(2)(a)
All supplements shall be prepared by a qualified professional such as landscape
architect, arborist, forester or other appropriate
pre-approved professional acceptable to
the Tree Commission.
(b)
Subject to the authority of the Planning Commission, the Tree Commission shall:
(i) review each supplement for compliance with
this section;
(ii) confer with the applicant regarding any
supplement in order to assist them in compliance;
(iii) provide the Planning Commission with
comments and recommendations with respect to the applicant’s submission,
including the applicant’s proposal for permanent protection of a forest and/or
existing trees identified to remain; and
(iv) collaborate with the Zoning Administrator by
providing technical assistance with regard to the applicant’s compliance,
including site inspections pursuant to subsection (B) of this section.
(3) (a) Except as otherwise provided
in this paragraph, any proposed development shall preserve forty percent (40%)
or more of the aggregate diameter inches of the identified, native trees on the
property.
(b) If it is
impracticable to preserve 40% or more of the aggregate diameter inches of
native trees on the site, the
excess aggregate diameter inches removed may be replaced at a ratio of one and
one-half (1.5) caliper inches of replacement for every one (1) inch DBH
removed. Any replacement tree shall be native to the region, selected from the
Reforestation column on the City’s Preferred Tree List, and meet the minimum
size requirement set forth in the Official Zoning Ordinance of the City of Fort
Thomas. Replacement tree locations shall be shown on the tree planting plan
pursuant to subsection (A)(1)(d) of this section.
(c) A credit shall be allowed against the
requirement in subparagraph (3)(a) of this subsection if a forested area
contiguous to the disturbance limits on the property is permanently protected
as provided in paragraph (4) of this subsection. The credit will be calculated
by multiplying the aggregate diameter inches of permanently protected native
trees, six (6) inch DBH or greater, by 1.5.
Only trees that are identified on the original map/tree inventory
submitted to the Tree Commission are eligible for consideration.
(d) A credit shall also be
allowed against the requirement in subparagraph (3)(a) of this subsection if a
separate forested area within the City of Fort Thomas is permanently protected
as provided in subsection (4) of this section.
Only native trees over six (6) inches DBH, in the permanently protected
forest, may be counted toward meeting the requirement in paragraph (a) of this
subsection.
(e) If the applicant can
demonstrate to the Tree Commission that:
(i) the site’s spatial
constraints make it impracticable to save 40% or more of the aggregate diameter
inches of trees on the site; and
(ii) planting replacement trees
on the property is not feasible; and
(iii) it is a
hardship to preserve trees offsite;
then the applicant shall pay
into a special fund that is used for reforestation and preservation of public
property. The amount to be paid to the
City shall be calculated as $300 multiplied by the number of DBH inches
required to reach the requirements of (3)(a), which shall represent the cost to
the City for purchasing, planting, irrigating, and successfully establishing
the required number of trees.
(4) To qualify for a credit under subparagraphs
(3)(c) and (d), a permanently preserved area
must, prior to construction, be
dedicated to the city, placed in a conservation easement to
be held by the City or a land
trust designated by the City, or permanently protected in some other manner
acceptable to the Tree Commission. The
form and content of any conservation easement shall be reviewed and approved by
the City Attorney. To qualify, a
conservation easement must be filed with the county clerk and the donor must
agree to post the boundaries of the protected area. A single permanently protected property may
be used to meet the requirements of subparagraph (3)(a) of this subsection for more
than one development property, but no single tree shall be used more than
once. The permanently preserved area
must be mapped, inventoried and accepted by the City or designated land trust
pursuant to (A)(1) of this section.
(B) Prior
to any construction activity taking place, the applicant shall post a security,
in a form acceptable to the Planning Commission, to insure that saved trees and
replacement trees are not harmed during construction. The amount to be insured
shall be calculated as $300 multiplied by the aggregate inches of all
identified trees that are proposed to be lost due to site development below the
requirements of (3)(a). Such surety
shall remain in force for two full growing seasons following installation of
the replacement trees to guarantee survival. At the end of the two-year period
or subsequent two-year period, the applicant shall provide written notice,
requesting an inspection, to the Zoning Administrator who will request a joint
inspection with the Tree Commission. The
Zoning Administrator/Tree Commission shall review the project area in
coordination with the applicant and shall make a recommendation to the Planning
Commission to:
(1) Refund
the appropriate performance surety; or
(2) Require
the planting of new trees to replace the trees which did not survive the
initial or subsequent two full growing seasons or subsequent periods until such
time as the replacement trees have survived two full growing seasons. If protected trees died during this time,
each DBH inch must be replaced subject to (A)(3)(b) of this section.
For purposes of this subsection,
all trees shall be alive and in satisfactory growing condition at the end of
two full growing seasons. The growing season shall include the period May 1st
through October 31. The two-year guaranty period for plant materials installed
after June 1st shall commence the following year. In the event the applicant or his agent has
sold all or a portion of the real estate subject to the approved development
plan, the applicant shall continue to be responsible for the replacement and
protected trees; however, if the new owner refuses to permit the applicant or
the Zoning Administrator to make the required inspection, repairs, maintenance,
or replacements, the original owner shall be considered as having complied with
this section and the surety will be
released.
(C) If
the applicant proposes to save trees on the property, they must indicate in the
narrative
how they plan to protect them
from damage during construction activities and after
construction is completed. The applicant shall develop a strategy that
will ensure minimal tree impacts and include it in the narrative pursuant to
(A)(1)(c) of this section. Without
limiting such plans, the procedures below are suggested:
(1) Any protected trees located
near the disturbance limits shall be conspicuously marked with suitable
protective tree barriers. Protective
tree barriers shall be installed prior to construction. They shall be a minimum height of four feet
above ground level around the outermost dripline (at a minimum) of the tree
protection zone. Tree protection zones
shall be delineated with typical temporary construction fencing or continuous
rope or flagging. In either case, the
tree protection barrier shall be accompanied by "Tree Save Area"
signage, placed around the tree protection zone not more than every 20 feet.
(2) The layout of development
improvements, utilities, access drives, grading, and the like of a site shall
not be installed within tree protection zones/barriers. If the applicant determines that public
improvements and/or utilities must be placed within a tree protection zone,
their installation shall occur by way of tunneling rather than trenching.
(3) Construction site activities
including, but not limited to grading, material storage, parking, or concrete
washout shall not encroach upon any protected tree’s drip line.
SUB-SECTION II
The following requirements shall apply for
all development plans submitted for a development in a NSC zone, GC zone, HC
zone, PO zone, and IP zone:
A. A
Tree Inventory Plan shall be submitted in conjunction with all development
plans for a development contained in Section V, Sub-Section II, of this
ordinance. The Tree Inventory Plan shall be submitted pursuant to
the requirements contained in Section 9.24.C.4 of the Fort Thomas Zoning
Ordinance.
The Tree Inventory Plan shall
also identify any Landmark Tree(s) and delineate the buildable
area of a proposed development. The
Planning Commission may permit the removal
of a tree outside the buildable area, with the advise of the Tree Commission pursuant to the requirements
contained elsewhere in Section V, Sub-Section V, provided the
removal of the tree is
reasonably required to develop the parcel in compliance with this
ordinance.
B. All trees to be saved
outside of the buildable area of a development shall be conspicuously designated with suitable
protective tree barriers as designated herein or as otherwise approved by the Zoning
Administrator. Approved tree protective
barriers shall be installed along
the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the
protection of individual (non-specimen) trees that
may be scattered throughout a
development site.
The layout of development
improvements, utilities, access drives, grading, etc., of a site shall
accommodate the required tree protective zones.
The public improvements shall be placed along the corridors between tree
protective zones unless the placement of same causes
undue hardship on the Developer as determined by the Planning Commission. If the Planning Commission determines that
public improvements and/or utilities may be placed within a tree protective
zone, the installation of same shall occur by way of tunneling rather than
trenching (see Figures 1 and 2).
Construction site activities
including, but not limited to, material storage, parking, or concrete washout,
shall not encroach into any tree protection zone without the prior approval of
the Zoning Administrator. Any tree
irreparably damaged or killed within a tree protection zone as a result of
construction activity, shall be removed and replaced by the Owner and/or Developer at a rate of two (2) trees for
every tree irreparably damaged or
killed.
Protective tree barriers shall
be installed to a minimum height of four (4) feet above ground level around the
outermost dripline of the tree protection zone.
Tree protection zones shall be delineated with typical temporary
construction fencing or continuous rope or flagging. In either case, the tree protection barrier
shall be accompanied by "Tree Save Area" signage to be placed around
the tree save zone not more than every twenty (20) feet.
C. A Tree Planting Plan
shall also be submitted in conjunction with the development plan submission. One (1) tree shall be planted on the
development site for every five (5) required
parking spaces. Any tree planted
relative to the requirements contained herein shall not
be less than three (3) inches
in diameter when planted.
The Tree Planting Plan shall
indicate the total number and species of trees to be planted within a
proposed development along
with the intended location of same.
Trees required to be planted by
this ordinance should be
planted predominately in the developed areas, driveway aisles, and/or
parking areas of the
project. In no case shall more than
fifty percent (50%) of the trees required
to be planted be utilized to
satisfy the screening requirements of a
development. The exact
location of the trees to be
planted and species shall be approved
by the Planning Commission,
after review of all Tree
Commission recommendations, as part of the Stage I review process. Whenever the Owner/Developer can demonstrate
to the Planning Commission that the site spatial constraints result in an absolute inability to plant the
required number of trees, as many trees as possible shall be planted on the site. The difference of those trees required to be
planted, and those trees planted,
shall be donated to the City for use elsewhere in the City on public property. A reduction credit of one (1) tree or more
shall be granted to a Owner/Developer
when either of the following conditions exist:
1. For
every tree saved within the buildable area of a development eight (8) inches or more
in diameter, or
2. For
every two (2) trees saved within the buildable area of a development four (4) to
eight (8) inches in diameter.
SUB-SECTION III
The following requirements shall apply for
all development plans submitted for a development in a R-3 zone, R-5 zone, and
RCD zone:
A. A Tree Inventory Plan
shall be submitted in conjunction with all development plans for a
development contained in Section
V, Sub-Section III of this ordinance.
The Tree Inventory Plan shall be submitted pursuant
to the requirements contained in Section 9.24.C.4
of the Fort Thomas Zoning Ordinance.
The Tree Inventory Plan shall
also identify any Landmark Tree(s) and delineate the buildable
area of a proposed development. The
Planning Commission may permit the removal
of a tree outside the buildable area, with the advise of the Tree Commission pursuant to the requirements
contained elsewhere in Section V, Sub-Section V, provided the
removal of the tree is
reasonably required to develop the parcel in compliance with this ordinance.
B. All trees to be saved
outside of the buildable area of a development shall be conspicuously designated with suitable
protective tree barriers as designated herein or as otherwise approved by the Zoning
Administrator. Approved tree protective
barriers shall be installed along
the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the
protection of individual (non-specimen) trees that
may be scattered throughout a
development site.
The layout of development
improvements, utilities, access drives, grading, etc., of a site shall
accommodate the required tree
protection zones. The public
improvements shall be placed along
the corridors between tree
protective zones unless the placement of same causes
undue hardship
on the Developer as determined
by the Planning Commission. If the
Planning Commission determines that public improvements and/or utilities may be
placed within a tree protection zone, the installation of same shall occur by
way of tunneling rather than trenching (see Figures 1 and 2).
Construction site activities
including, but not limited to, material storage, parking, or concrete washout
shall not encroach into any tree protection zone without the prior approval of
the Zoning Administrator. Any tree
irreparably damaged or killed within a tree protection zone as a result of
construction activity shall be removed and replaced at a rate of two (2) trees
for every tree irreparably damaged or killed.
Protective tree barriers shall
be installed to a minimum height of four (4) feet above ground level
around the outermost dripline
of the tree protection zone. Tree
protection zones shall be delineated with typical temporary construction
fencing or continuous rope or flagging.
In either
case, the tree protection
barrier shall be accompanied by "Tree Save Area" signage to be placed
around the tree save zone not
more than every twenty (20) feet.
C. A Tree Planting Plan
shall also be submitted in conjunction with the development submission.
One (1) tree shall be planted on the development site for every one (1)
unit approved. Any tree planted relative to the requirements
contained herein shall not be less than
three (3) inches in diameter when planted.
The Tree Planting Plan shall
indicate the total number and species of trees to be planted within a
proposed development along
with the intended location of same.
Trees required to be planted by
this ordinance should be planted predominately in the developed areas, driveway
aisles, and/or parking areas of the project.
In no case shall more than fifty (50%) percent of the trees required to
be planted be utilized to satisfy the screening requirements of a development. The exact location of the trees to be planted
and species shall be approved by the Planning Commission, after review of all
Tree Commission recommendations, as part of the Stage I review process. Whenever the Owner/Developer can demonstrate
to the Planning Commission that the site spatial constraints result in an absolute
inability to plant the required number of trees, as many trees as possible
shall be planted on the site. The
difference of those trees required to be planted and those trees planted shall
be donated to the City for use elsewhere in the City on public property. A reduction credit of one (1) tree or more
shall be granted to an Owner/Developer when either of the following exist:
1. For
every tree saved within the buildable area of a development eight (8) inches or
more in diameter, or
2. For
every two (2) trees saved within the buildable area of a development four (4) to eight (8) inches in diameter.
SUB-SECTION IV
The following requirements shall apply for
all new subdivision plans with multiple lots submitted for a subdivision in a
R-1AA zone, R-1A zone, R-1B zone, R-1C zone, R-1D zone, and R-2 zone:
A. A
Tree Inventory Plan shall be submitted in conjunction with all subdivision
plans for a subdivision contained in Section V, Sub-Section IV of this
ordinance. The Tree Inventory Plan shall be submitted pursuant to
the requirements contained in Section 9.24.C.4 of the Fort Thomas Zoning
Ordinance.
The Tree Inventory Plan shall
also identify any Landmark Tree(s) and delineate the buildable
area for each proposed subdivision lot.
The Planning Commission may permit the
removal of any tree(s) outside
the buildable area of a subdivision lot with the advise of the Tree
Commission pursuant to the
requirements contained elsewhere in Section V, Sub-Section V, provided the
removal of the tree(s) is reasonably required to develop the subdivision in
compliance with this ordinance.
B. All
trees to be saved outside of the buildable area of a subdivision lot shall be conspicuously
designated with suitable protective tree barriers as designated herein or as otherwise
approved by the Zoning Administrator. Approved tree protective barriers shall be
installed along the outermost dripline around the tree protection zone. The use of tree protection zones is encouraged rather than the protection
of individual (non-specimen) trees that may be scattered throughout an
individual lot.
The layout of the subdivision
improvements, utilities, driveways, etc., should accommodate the required tree
protective zones. Whenever practical,
public improvements, utilities, or driveways should be placed along the
corridors between tree protective zones.
When public improvements or
utilities are placed within a tree protection zone, installation of same shall
occur by way of tunneling rather than trenching (see Figure 1 and 2).
Construction site activities
including, but not limited to, material storage, parking or concrete washout,
shall not encroach into any tree protection zone without the prior approval of
the Zoning Administrator. Any tree
irreparably damaged or killed within a tree protection zone as a result of
construction activity shall be removed and replaced by the Developer/Owner at a
rate of two (2) trees for every tree irreparably damaged or killed.
Protective tree barriers shall
be installed to a minimum height of four (4) feet above ground level around the
outermost dripline of the tree protection zone.
The tree protection zones shall be delineated with typical temporary
construction fencing or continuous rope or flagging. In either case, the tree protection barrier
shall be accompanied by "Tree Save Area" signage to be placed around
the tree save zone not more than every twenty (2) feet.
C. A
Tree Planting Plan shall also be submitted in conjunction with the subdivision
plan submission. One (1) tree shall be
planted on each lot for every five thousand (5,000) square feet of lot area or
fraction thereof. The tree(s) required
to be planted on each lot may be planted on the lot or on the public
right-of-way in front of each lot. Any
tree planted relative to the requirements contained herein shall not be less
than three (3) inches in diameter when planted.
The Tree Planting Plan shall
indicate the total number and species of trees to be planted on each lot along
with the intended location of same. The
exact location of the trees and species
to be planted shall be approved by the Planning Commission, after review of all
Tree Commission recommendations, as part of the Stage I review process. Whenever the Owner/Developer can demonstrate
to the Planning Commission that the spatial constraints of a lot result in an
absolute inability to plant the required number of trees, as many trees as
possible shall be planted on the lot.
The difference of those trees required to be planted and those trees
planted shall be donated to the City for use elsewhere in the City on public
property. A reduction credit of one (1)
tree or more shall be granted to a Owner/Developer when either of the following
conditions exist:
1. For
every tree saved within the buildable area of a lot eight (8) inches or more in
diameter, or
2. For
every two (2) trees saved within the buildable area of lot four (4) to eight
(8) inches in diameter.
SECTION II
The
provisions of this Ordinance are severable.
If any provision, section, paragraph, or part thereof be held invalid,
such decision shall not affect or impair the validity of the remainder of this
Ordinance.
SECTION III
This
Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
APPROVED:
__________________________________
Mary
H. Brown, Mayor
First
ADOPTED:
ATTEST:
_______________________________
Melissa Kelly, City Clerk