Zoning Ordinance, Section 16

A. The intent of this section is to encourage the retention of existing trees and to provide for the planting of new trees along streets, on two-family, multi-family and group living residential properties, and to provide planting and maintenance standards for required trees and landscaping. Trees and landscaping provide shade, reduce heat island effects in paved areas, improve the appearance of Tiffin streets and create attractive and functional living environments that will protect and enhance property values. Standards for screening and buffering are contained in Section 17, " Screening and Buffering Standards", of this zoning ordinance.

B. A landscaping plan must be submitted with the preliminary site plan.

C. Applicability: No building permit shall be issued for the construction, reconstruction or structural alteration of a building nor shall any use be established or converted nor shall a certificate of occupancy be granted for a use without conformity with the provisions of the tree regulations.

D. The landscaping and tree standards will be applied throughout the zoning ordinance, when this Section is specifically referenced.

As used in this section, the following definitions shall apply: PLANT MATERIALS: Any form of plant vegetation PUBLIC PLACE: Includes public parks, city right of way or any other public property owned or controlled by the City and dedicated to public use. PUBLIC UTILITY: A business or service engaged in regularly supplying the public with some commodity or service of public consequence and need. STREET: The improved portion of public right of way primarily intended for vehicle travel, including alleys.

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TREES: Any woody vegetation.

A. Permitted Species: The list of recommended trees for Tiffin, as established by the City Designee, specifies the varieties of trees permitted for the uses indicated by this section. References to " large" or " small" trees herein refer to the mature heights of the trees as indicated in said list.

B. Landscape Plans Required: When the provisions of this section are applicable, a landscaping plan must be submitted that illustrates and lists the following information:

I. The size and location of required planting areas.

2. The mature height(small or large) of both proposed trees and trees that will be preserved.

3. The species of trees (both preserved and proposed).

4. The location of the preserved and proposed trees.

5. The location of any existing trees within the right of way.

C. Measurements:

1. When measuring to determine the location or spacing of required trees or shrubs, the distance is measured to the center of the tree or shrub.

2. Where fractional numbers of trees result from calculations, the number of trees required will be rounded to the closest whole number.

A. Plantings Required Prior To Occupancy:

I. All plantings required by this section must be installed prior to occupancy or commencement of a use, except as allowed in subsection A2 of this section.

2. If the plantings cannot be installed prior to occupancy or commencement of a use due to seasonal conditions that may reduce survivability, the building official may issue a temporary certificate of occupancy and grant a delay of installation until the seasonal calendar dates of June I or November 1, whichever occurs first, and the property owner must place in an escrow account, established with the City, an amount which will cover one hundred ten percent (110%) of the estimated cost of plants and installation.

B. Planting Sizes:

1. Deciduous Trees: At the time of planting, deciduous trees must have a single stem and have a minimum trunk diameter of one and one-half inches (1. 5") measured at a point six inches (6") above ground level or above the top of burlap wrapping. It must demonstrate the growth capabilities, branching formation and crown balance that are indigenous to the particular variety. The tree must be straight of

DocuSign Envelope ID: 957DE829-DFC1-4451-BAE6-1D55916D910E trunk with the main leader intact and must be healthy and free of disease and pests.

2. Coniferous Trees: At the time of planting, coniferous trees must have a minimum height of three feet (3') measured from the planted level to the top of the tree. The needle color and branching habits must be normal for the species, and the overall appearance must be indicative of previous care in pruning and development. The tree must be healthy and free of disease and pests.

C. Siting Requirements:

1. Trees must be located in a manner that, at maturity, will avoid interference with the construction, maintenance and operation of public and private utilities and services aboveground or belowground.

2. The minimum planting area required for large trees is two hundred fifty six (256) square feet. The minimum planting area required for small trees is one hundred twenty (120) square feet.

3. At the time of planting, trees and plantings must be separated from other structures and features on a site in order to minimize conflicts as plants mature.

Table 16-1 below specifies the minimum spacing between plantings and various features of a site. However, the minimum distances between trees, between trees and shrubs, and between shrubs may be reduced by twenty five percent(25%) to permit design flexibility or to create denser screening where desired.

Table 16-1: Minimum Spacing Between Plantings and Other Features (In Feet) Large Tree Small Tree Shrub Large tree 30 24 4

Small tree 24 16 3

Shrub 4 3 See Section 17 of this code

Building 14 8 2

Sidewalk 4 4 3

Curb/ pavement 4 2

Notes to table 16-1:

1. The minimum distance between plantings and sidewalks or pavement also applies to the anticipated location of a future sidewalk or paved surface.

2. See spacing requirements listed in Section 17, " Screening and Buffering Standards", of the zoning ordinance.

A. The provisions of this section apply to all plantings required by the zoning ordinance, whether newly planted or preserved.

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B. Required planting areas must be separated from abutting vehicular use areas, including parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an unmountable curb or barrier that is a minimum of five inches (5") in height. The curb or barrier must be constructed in such a manner that salt water runoff will not damage the tree or plantings.

C. The property owner must keep all trees properly maintained, pruned as needed, and free from trash and litter. It is the responsibility of the property owner to maintain and replace trees and plantings required by the zoning ordinance. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced. Improper maintenance, pruning, or removal of plantings may be subject to municipal infraction proceedings, up to and including environmental infraction proceedings. Any preserved tree that has been improperly maintained, pruned, or removed may be required to be replaced by the same number of trees for which it substituted.

D. Any trees that overhang the public right of way must be maintained in accordance with the provisions of 16.09, " Trees and Plant Materials", of this code.

E. Maintenance of trees within street rights of way will be the responsibility of the City.

Existing trees may be used to comply with the requirements of subsections 16.07, " Street

Tree Requirements", and 16.08, " Tree Requirements for Residential Uses", of this section.

Existing trees used to satisfy these requirements must be in good health prior to and following site development. The City Designee is authorized to approve substitutions based on determination of health and survivability. Table 16-2, " Schedule of Substitution Values", of this section, will be used to determine the ratio of substitution. The following provisions must also be observed:

A. The same minimum separation distances that are required of new plantings must be observed when possible; except, that extant groupings of two(2) or more trees may be preserved upon approval by the City Designee, who will also determine if trees or branches must be removed from such groupings in the interest of public safety and/ or to assure survival of the specimen.

B. The building official will determine if a preserved tree will be a substitute for a street tree or a residential use tree, depending on its location on a lot.

C. The roots of a tree must be protected during site development with barrier fencing extending out at least as far as the drip line of the tree, or as far as the City Designee

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D. No paving or construction will be allowed within the drip line of a preserved tree.

E. Any preserved tree that dies within five (5) years of the issuance of a certificate of occupancy must be replaced by the same number of trees for which it substituted.

Table 16-2: Schedule of Substitution Values

Diameter Of Existing Tree Substitution Value

Measured 4 Feet Above Ground Level)

36 inches or more 3 required trees

12 to 35 inches 2 required trees

2 to 12 inches 1 required tree

Note:

I. The substitution value of groupings of 1 or more trees, provided their preservation as a group is approved by the City Designee, will be based on the caliper measure of the largest tree of the group.

The requirements of this section provide for trees along streets to complement and soften the edges of development, to provide a tree canopy for pedestrians, and to define and unify the street edge.

A. Street Trees Adjacent To Public Right Of Way:

1. On single frontage lots, one large tree is required for every forty (40) linear feet of frontage or one small tree for every thirty (30) linear feet of frontage, but not less than one tree per lot.

2. On lots with more than one frontage, one tree is required for every sixty (60) linear feet of frontage.

3. Required trees must be located as follows:

i. Trees must be planted on private property adjacent to the right of way, except when subsection A(3)(ii) or A(3)(iii) of this section apply. For purposes of this section, " adjacent" means that large trees must be planted within fourteen feet(IT) of the right of way line and small trees must be

DocuSign Envelope ID: 957DE829-DFC1-4451-BAE6-1D55916D910E planted within eight feet (8') of the right of way line. All other siting requirements contained in this section must be observed.

ii. The number of trees required may be reduced by the number of qualifying trees that already exist in the right of way or adjacent to the right of way. To qualify, a tree must meet the requirements of section 16.06, Preservation of Existing Trees", of this section.

iii. Trees that cannot be planted adjacent to the right of way due to a conflict with any provision of the zoning ordinance must be planted within the right of way according to the provisions of subsection B, " Street Trees

Within Public Right Of Way", of this section. However, trees that cannot be planted in conformity with the provisions of said subsection B may be omitted.

B. Street Trees Within Public Right Of Way:

1. Required street trees are to be planted within the right of way only in those cases where trees cannot be planted adjacent to the street right of way in accordance with subsection A of this section.

2. Trees planted in the public right of way must meet the following requirements:

i. A tree planting permit must be obtained from the City Designee.

ii. Trees may not be planted in the area between a curb and a sidewalk if the width of the planting area is less than nine feet (9'), unless approved by the

City Designee.

iii. All other siting requirements contained in section 16.04 of this section must be observed.

iv. Any tree planted within the street right of way must have a single trunk, with a minimum of four feet(4') from grade to the first branch, at the time of planting and must conform to the requirements of 16.09, " Trees And

Plant Materials", of this code.

A. Minimum Requirements:

I. For lots containing two-family dwellings, multi-family dwellings, or group living uses, trees must be planted on site at a minimum ratio of at least one tree for every five hundred fifty (550) square feet of total building coverage of the lot. Any combination of small and large trees is allowed, provided this coverage ratio is met.

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2. For lease lot developments, trees must be planted at a ratio of one tree for every lease lot in the development. Any combination of small and large trees is allowed, provided this coverage ratio is met.

B. Reductions and Substitutions:

1. Trees planted to meet the requirements of section 16.07, " Street Tree

Requirements", of this section may also be used to fulfill the requirements of this section.

2. Existing trees preserved according to the provisions of section 16.06, Preservation of Existing Trees", of this section may be used to fulfill the requirements of this section.

A. Forestry Administration: City Staff shall have the authority to regulate the planting, maintenance and removal of trees and plant materials on streets and public places in order to ensure public safety and protect public places.

B. Container Planting:

1. Approval and Permit required: No person shall establish a container either above or below ground for trees and plant materials on public places without approval of the city council. Following city council approval, a permit will be issued by the city. Containers and their maintenance become the responsibility of the abutting property owner.

2. Maintenance Required; Notice to Remove or Replant: All containers and trees and plant materials shall be maintained to quality and design standards as required by the City. Failure to properly maintain containers and trees and plant materials may result in a notice to replant or remove to be issued in writing by city staff. Failure to comply with the written notice may result in the city's removing, with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in chapter 364, code of Iowa as amended.

C. Felling trees in public places: Trees or branches which are felled or trimmed into public places must be removed as directed by the city manager or designee.

D. Damage to trees or plant materials prohibited:

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1. No person shall damage, move, remove, or otherwise injure or vandalize any trees or plant materials located within public places.

2. Trees and plant materials near any excavation or construction of any building or structure shall be adequately protected as determined by the city.

E. Nuisances:

1. Generally: Any tree or plant material so placed as to substantially interfere with pedestrian traffic is a public nuisance.

2. Cotton Bearing Trees: cotton bearing cottonwood trees and all other cotton bearing poplar trees are deemed a public nuisance as provided by the code of Iowa, as amended.

F. Trimming Trees and Plant Materials: Trees or plant materials on public or private property abutting on any street or public place shall be trimmed to a sufficient height to allow free passage of pedestrian and vehicular travel as required by standards established by the city.

G. Public utility installations: Work performed by a public utility company under a permit issued under 16.09(J) to treat trim or remove trees or plant materials on or within a public place shall be performed in accordance with the standards set by the city. The city may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public utility.

H. Improper planting of trees and plant materials. Whenever any tree or plant materials shall be planted within a public place contrary to standards established by the city, the city may require its removal or replanting. Failure to so remove or replant may result in the city's removing with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in chapter 364, code of Iowa as amended.

1. Arboricultural Specifications and standards of practice

The city staff is hereby authorized to establish specific standards governing the planting, selection of species, support, treatment of root systems, trimming, spraying, removal, filling of cavities and bracing for all trees and plant materials in, on or within public places.

J. Permits for Work on Public Places

I. Permit required. No person except the city or a person hired by the city shall treat, plant, trim, remove or otherwise disturb any tree or plant material on any street or public place without first obtaining a permit from the city.

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2. Storage of materials that may inhibit growth. No person shall deposit, place, store or maintain upon any street or public place any stone bricks and concrete or other material which may impede the free passage of water air and fertilizer to the roots of any trees or plant materials growing therein except upon approval of the city.

3. Public utility installations. All permits issued for the installation of public utilities that affect public trees or public plant materials shall first be approved by the city. A public utility may be issued a permit to treat trim or remove any tree or plant material on any street or public place.

K. Interference with City Staff. No person shall interfere with the city staff in carrying out the duties of this section.