Ordinances-2017-394 - Zoning Code Amendment - Section 16

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. 16.06 PRESERVATION OF EXISTING TREES 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