Columbia Landscaping, screening, and tree preservation ordinance (§ 29-4.4)

(a) Purpose. The purpose and intent of this section is to:

(1) Establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, storm water runoff retardation, erosion control, and noise, glare and heat abatement;

(2) Provide visual buffering from streets, to buffer potentially incompatible land uses and to generally enhance the quality and appearance of a development site, and the city in total;

(3) Encourage the preservation of existing trees and vegetation;

(4) Supplement the land disturbance permit requirements of chapter 12A; and

(5) Protect trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the city and its citizens.

(b) Applicability.

(1) Unless otherwise provided in this section, the provisions of this section 29-4.4 shall apply to lots and parcels in any district in which one or more of the following occurs:

(i) A new principal structure is constructed;

(ii) The floor area in an existing principal structure is increased by more than twenty-five (25) percent;

(iii) An existing principal structure is relocated on the lot or parcel;

(iv) The principal structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other damage) for a use no more intense than existing previously, and the building footprint is increased by more than ten (10) percent;

(v) A new primary use parking lot containing ten (10) or more spaces is constructed; or

(vi) An existing primary use parking lot containing twenty-five (25) or more spaces is reconstructed or redesigned with significant changes of ten (10) percent or greater, including, but not limited to the layout, location, or orientation of parking spaces, driving aisles or access drives.

(2) Notwithstanding paragraph (1) above, lots or parcels having single-family attached, single-family detached, two-family residential, or live work use(s) or zoning shall be exempt from the general provisions (section 29-4.4(c)), and property edge buffering (section 29-4.4(e)) requirements of this section.

(3) The provisions of section 29-4.4(g) apply to all development or redevelopment on lots and parcels that contain more than ten thousand (10,000) square feet of lot area, and to any new lot of record created after the effective date of this ordinance, regardless of the primary use of the property, in any district, except single-family or two-family residential structures on platted lots less than one acre in size.

(4) No provision of this section 29-4.4 shall require landscaping to be installed, or a tree to be preserved, in a portion of a lot required to be occupied by a building pursuant to the building form standards in section 29-4.2 (M-DT district). If there is a conflict between the requirements of section 29-4.2 and the requirements of this section 29-4.4, the director may modify or waive the provisions of this section 29-4.4 to allow the requirements of section 29-4.2 to be met.

(c) General provisions.

(1) Landscape plan required. A landscaping plan, prepared in accordance with this section, shall be required as part of all applications for development or redevelopment, unless otherwise exempt per this chapter. Approval of a landscape plan shall be required prior to the issuance of a building permit, land disturbance permit, and prior to the development of any parking area or loading/ unloading area and may be combined with other required application material. Landscaping plans may be amended, however new plans shall be submitted for review and approval prior to installation of plant material, and in all cases must comply with the current landscaping requirements of this chapter. The landscape plan shall be presented on its own page, designed to scale, signed by an International Certified Arborist or design professional and contain the following information:

(i) A tree preservation plan that includes the following elements as described below:

(A) The full area of any climax forest on the site.

(B) The twenty-five (25) percent of climax forest to be saved on parcels greater than one acre in size. Such preservation areas shall be depicted as specified in item (D), below, and shall not include trees, located within a stream buffer, right-of-way or utility easement.

(C) Areas may be determined by actual field measurement, by planimeter, or automated software. (See section 29-4.4(i) for climax forest preservation requirements.)

(D) The required twenty-five (25) percent of climax forest to be preserved on any tract of land shall remain as an undeveloped stand of timber and comply with the following: 1) Required preservation areas shall be platted as a common lot that is subject to a tree preservation easement. The required platting of a common lot shall not apply to preservation areas within non-residential development; however, such preservation area shall be subject to a tree preservation easement;

2) When required preservation is greater than thirty thousand (30,000) square feet an applicant may divide such preservation area provided no single area contains less than thirty thousand (30,000) square feet. Division of preservation area is permitted in accordance with the standards shown in Table 4.4-1.

3) When the tract of land includes a stream buffer none of the trees located within the stream buffer may be counted for meeting the required preservation. Trees retained will count toward screening requirements contained in section 29-4.4 (landscaping and screening).

4) An adjustment in the standards of Table 4.4-1 may be considered by the board as a variance subject to the provisions of article 6 of this chapter.

Table 4.4-1: Climax Forest Division

Required area to be preserved (in sq. ft.) Minimum parcel size (in sq. ft.)[1] Maximum number of parcels

60,000 30,000 2

120,000 30,000 2

240,000 30,000 2

480,000 30,000 3

Greater than 480,000 180,000 Unlimited

Notes:

[1]—No parcel created shall have less than the minimum area specified.

(ii) A planting schedule detail containing common and botanical plant names, sizes, and graphical depictions.

(iii) The size and location of any walls, earth berms, and fences.

(iv) Provisions for watering, soil stabilization, plant protection, and maintenance.

(v) Location and description of any barriers to be erected to protect any vegetation from damage both during and after construction.

(vi) Zoning for the proposed development and adjacent properties.

(vii) Calculations showing compliance with this section 29-4.4.

(viii) The methods used to remove trees, the areas of tree removal, and areas of trees being saved and showing the location of protective fencing. The areas to be preserved shall be shown on the plan along with state plane coordinates at all points of intersect.

(ix) Aerial photograph conducted within one year of the application submittal date, or if no such aerial photography is available to the applicant, then an image from a public source such as Google Earth showing clearing limits, preservation area, protective fencing, and topography may be utilized as an alternative.

(x) Any land annexed or within the City of Columbia corporate limits that did not follow the tree preservation provisions of this chapter and is sought to be redeveloped or subdivided shall be subject to the following:

(A) No permit for the purpose of allowing redevelopment or subdivision shall be issued for a period of six (6) years unless the provisions of subsection (B), below, have been met.

(B) To obtain relief from the permitting restriction specified in subsection (A), above, the following shall be met:

1) The subject property shall be reforested such that the required twenty-five (25) percent of the climax forest that should have been preserved is re-established on a designated common lot. If required preservation is greater than thirty thousand (30,000) square feet, multiple common lots may be established in accordance with the provisions of Table 4.4- 1.

2) In addition to the reforestation requirements indicated in subsection (B)1) above, any annexed tract containing a regulated stream for which a stream buffer would have been required and no longer exists shall be reforested with native plant species at the reforested rate as shown below. The reforested stream buffer shall not be credited towards meeting the twenty-five (25) percent of the climax forest required by subsection (B)1) above.

3) Reforested common lots shall meet the following coverage standards:

(a) Fifty (50) percent of the area shall be covered with the following types of trees. No more than fifty (50) percent of the trees used to meet this requirement may be the same size.

(i) Tree whips between one to three (3) feet height at planting;

(ii) Tree saplings between four (4) to seven (7) feet in height at planting;

(iii) Container or root bag trees one-half (½) inch to one and one-half-inch caliper trunk size measured six (6) inches off the ground.

(b) Fifty (50) percent of the area shall be covered by shrubs that are one to three (3) feet in height at planting.

(c) One hundred (100) percent of the area shall be covered in native grasses and Forbes seed mix that includes: Indian grass, Big Bluestem, Coreopsis, Tick seed, Prairie Partridge Pea, Illinois Bundle Flower, and Purple Prairie Clover.

(d) Coverage and spacing of required reforestation plant materials shall comply with the requirements set forth in Table 4.4-2.

(C) A "look-back" period of three (3) years shall be used to determine the required area of climax forest that should have been preserved on the property. Such analysis will be conducted using aerial photography.

(D) Any climax forest preserved on the site that is located within a regulated preservation area (i.e. a stream buffer) shall not be counted toward meeting the required twenty-five (25) percent preservation standards or as part of the required area to meet reforestation. If climax forest has been preserved outside of a regulated preservation area the amount preserved may be counted to off-set that area which would otherwise be required to be reforested.

Table 4.4-2: Reforestation Plant Material Coverage and Spacing

Plant Type Coverage Area Plant Spacing Range

Tree Whip 135 sq. ft. 15—30 ft.

Tree Sapling 270 sq. ft. 20—40 ft.

Container Tree 540 sq. ft. 30—40 ft.

Root Bag Tree 600 sq. ft. 30—40 ft.

Shrubs 75 sq. ft. 10—15 ft.

Grass or Flowering plugs 10 sq. ft. 5 ft.

Native Grass and Forbes 6 lbs. of Pls./acre Mixture to contain minimum 3 different native

seeds of which no single one is greater than 50% of mix.

(2) Minimum required landscaping.

(i) In the M-DT district (section 29-4.2), the required "private or public open areas" must comply with the following standards:

(A) Any ground level required private or public open area shall have at least one tree per eight hundred (800) square feet, which is at least two (2) inches DBH (diameter at breast height), and at least ten (10) feet in overall height.

(B) Where new trees are planted to meet this requirement, they shall be no closer than five (5) feet to any common lot line.

(C) Urban general lots that are reusing existing structures with no ground level private or public open area are exempt from this requirement.

(ii) Unless otherwise provided in this section, in all other districts, a minimum of fifteen (15) percent of the total land area of any tract, parcel or lot shall be landscaped. Landscaping shall be installed to comply with the specific requirements for street frontage landscaping, property edge buffering, and parking lot landscaping in this section 29-4.4, and the remainder (if any additional landscaping is needed to meet the fifteen (15) percent minimum) shall be reasonably distributed throughout the site.

(3) Plant materials. Plant materials shall be selected from the city's guidelines for landscaping and screening or approved by city arborist. All plant material shall be hardy to central Missouri (USDA hardiness Zone 5b), free of disease and insects, and must conform to the American Standard for Nursery Stock of the American Association of Nurserymen. No one species for each plant type may comprise more than fifty (50) percent of the total for that plant type. Invasive species, as identified by the Missouri Department of Conservation's invasive species list, are prohibited. The use of plastic or other artificial plant materials is prohibited. Fifty (50) percent of all trees planted are required to be large to medium species and only thirty (30) percent of the large to medium trees can be of a single species.

(4) Minimum living materials. In all areas where landscaping is required, a minimum of fifty (50) percent of the surface area shall be covered by living materials, rather than mulch, wood chips, bark, gravel, peat moss, or other non-living materials.

(5) Grading and drainage. All open areas shall be graded, properly drained, and maintained to encourage on-site water retention and percolation while minimizing ponding or standing water for periods of more than three (3) days.

(6) Minimum plant sizes. The minimum planting sizes for planting materials, at time of planting, shall be as set forth in Table 4.4-3 and in the city's guidelines for landscaping and screening:

Table 4.4-3: Minimum Plant Sizes

Plant Type Minimum Size

Large Deciduous Shade Tree - mature height Two inch caliper, measured six inches above the ground, as specified by the American greater than 45 ft. Association of Nurserymen.

Medium Deciduous Shade Tree - mature Two inch caliper, measured six inches above the ground, as specified by the American height 30—45 ft. Association of Nurserymen.

Small Deciduous Shade Tree - mature height As specified by the American Association of Nurserymen, except for true dwarf species. 20—30 ft.

Ornamental Tree - mature height less than Four feet in height, as specified by the American Association of Nurserymen, except for true 20 ft. dwarf species.

Conifers Six feet in height.

Shrubs Five gallon container size.

Ground Cover Plants (crowns, plugs, A species appropriate number to provide 50% surface coverage after two growing seasons. containers)

Grass Seeding or Sod Seed mix shall be at least 80% pure live seed and 99% weed free.

(7) Plant material spacing.

(i) In the M-DT district (section 29-4.2), plant material spacing shall comply with this section and with the requirements of section 29-4.20 (urban space standards).

(ii) In all other districts, plant materials shall not be placed closer than four (4) feet from any fence line or property line unless required to comply with the provisions of subsection 29-4.4(e) (property edge buffering). Where tree planting requirements are based on linear street frontage, areas occupied by driveways shall be included when calculating the number of trees required to be planted, and any trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas unless prohibited by minimum spacing requirements for that species.

(8) Snow storage areas. Areas required for snow storage and areas required for landscaping shall not overlap, except that snow may be stored on ground cover landscape areas (e.g., turf) that do not contain required landscape trees or other plantings.

(9) Screening of outdoor storage areas. All exterior storage areas that are expanded or established following adoption of this chapter, except those on single- and two-family lots, shall be enclosed by a permanent screen at least eight (8) feet in height above the ground surface of the storage area, or of such additional height as necessary to screen the stored materials from public view, but nonvegetative screening materials shall not exceed a maximum height of twelve (12) feet. The required screening shall have a year round opacity of at least eighty (80) percent, and if landscaping is used,

the eighty (80) percent opacity shall be achieved within four (4) full growing seasons. When a solid wall or any solid fence is used for screening, ornamental landscaping shall be placed between the fence and the adjacent property lines.

(10) Screening of rooftop mechanical equipment. In all R-MF and mixed use districts, rooftop mechanical equipment and appurtenances other than solar collectors located on the principal structure shall be screened on all sides with a structure equal to or exceeding the height of the mechanical equipment or appurtenance, measured from the rooftop. Screening enclosures shall use at least one of the predominant materials used in the façades of the principal structure and one of the predominant colors used in the principal structure.

(11) Vision clearance. Landscaping and screening shall not be allowed to obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or condition dangerous to the public safety upon any such street.

(12) City right-of-way. Tree selection, planting, removal, or pruning, in city rights-of-way and easements shall be in compliance with chapter 24, article V of the City Code or with approval from the city arborist.

(13) Installation due to season.

(i) Landscaping of the site shall be completed within one planting season (spring to fall) of the completion of the exterior of the building, in accordance with building permit requirements.

(ii) All landscaping work must be completed prior to the final inspection of a building or within one year of issuance of the land disturbance permit, whichever occurs later. If completion of the work or building is at such time of the year that the landscaping cannot be completed, a performance bond, escrow, letter of credit, or other acceptable financial instrument for completion of the work may be accepted by the director to allow the issuance of a certificate of occupancy.

(d) Street frontage landscaping.

(1) Landscaping strip within private yards. All paved areas with more than forty (40) feet of length within twenty-five (25) feet of a street right-of-way shall have at least a six-foot wide landscaped buffer which shall be improved in accordance with the provisions of section 29-4.4(e)(2) within private yards separating parking areas from abutting street right-of-way.

(2) Street trees. Street tree landscaping shall be installed on both sides of any right-of-way greater than fifty (50) feet in width that is newly platted, or is improved with new roadway construction, or is redeveloped, as defined herein, pursuant to the following provisions and in accordance with chapter 24, article V of the City Code:

(i) One street tree shall be required for every sixty (60) feet of street frontage.

(ii) A mixture of street trees (large, medium, small) shall be proposed from the list of approved street trees as identified within the "Standards and Guidelines for Landscaping and Tree Preservation" as promulgated by the director of public works and on file within the public works department for review and approval by the city arborist.

(iii) No more than thirty (30) percent of the required trees may be from one tree species.

(iv) Required street trees shall generally be planted at intervals of at least sixty (60) feet on center; however, trees may be clustered and placed at uneven intervals upon approval of the city arborist when it is determined that such placement will address unique site conditions impacting public health, safety and welfare. In no instance shall the number of required street trees be reduced unless otherwise provided for within this code.

(v) Soil amendments shall be required when street trees are located within tree lawns (the space between back of curb and face of sidewalk) where compacted soils are a limiting factor to tree survivability. Acceptable soil amendments are identified within the "Standards and Guidelines for Landscaping and Tree Preservation" as promulgated by the director of public works and on file within the public works department. The owner may request waiver of such soil amendments upon submission of documentation to the city arborist that the soil within a tree lawn is not compacted and will be suitable for tree survival. Waiver of soil amendments shall be in the sole discretion of the city arborist.

(vi) Street trees may not be counted towards compliance with all other provisions of section 29-4.4.

(vii) When the planting of street trees on both sides of a newly constructed, newly platted, or redeveloped right-of-way is not possible as a result of a conflict in meeting the buried utility separation requirements of chapter 24, article V, street trees shall only be required on the opposite side of the right-of-way from where the conflict with the buried utility has occurred and the total number of required trees may be reduced.

(viii) The requirements of this subsection shall not apply to previously platted lots, as defined within section 29-1.11, that have frontage upon an existing improved right-of-way; provided, however, street trees shall be required when redevelopment of the right-of-way upon which those lots or parcels are located is proposed and the following criteria are met:

1. A re-subdivision plat is proposed to adjust the lot or parcel lines of lots or parcels located on both sides of the right-of-way; and

2. The re-subdivision plat incorporates no less than fifty (50) percent of the linear feet of block frontage, on both sides of the right-of-way.

Figure 4.4-1: Street Trees

(3) Driveways. Street frontage landscaping may contain driveways.

(4) Attached or detached residences. Lots that contain detached or attached residences and which have side or rear property boundaries abutting collector or arterial street right-of-way shall have screening either along such boundaries or around any patios on the lot which are visible from the right-of-way. The screening shall consist of landscape materials, ornamental fences or walls in combination with plant materials, properly stabilized earthen berms, or a combination of these methods. Screening shall be so designed that at least fifty (50) percent opacity is achieved, viewed horizontally, in the space between one foot and five feet above grade at the screening line, at the time of installation; provided that where plant materials are used for screening, these shall be selected and placed to achieve the same objective within four full growing seasons following planting. Screening shall be placed on private property. All screening material, including plant material, shall be continuously maintained in good condition to the above standards.

(5) Sight triangle. Except in the M-DT district (section 29-4.2), on any corner space or lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type within a sight triangle which would interfere with traffic visibility, in accordance with city policy based on the Missouri Department of Transportation's Engineering Policy Guide provided plant material reaching no more than three (3) feet or higher at maturity will be allowed.

(e) Property edge buffering.

(1) Buffering required. Where a property contains at least ten thousand (10,000) square feet of area or more than one thousand five hundred (1,500) square feet of paved area or any vehicle loading/unloading areas, buffering shall be installed as required by Table 4.4-4.

(i) To use this table, an applicant identifies the proposed use of the property in Row 3, across the top of the table, and then reads down Column 2 to identify the zoning of the adjacent property along each property line. The box at the intersection of Column 2 and Row 3 identifies the

screening and buffering requirement for the applicant on that property line. Different types of screening and buffering may be required on different property lines, as indicated in Table 4.4-4.

(ii) Transitional screening shall not be required for urban agriculture and farmer's markets.

Table 4.4-4: Transitional Screening and Buffering

Use of Subject Property

seitreporP tnecajdA fo gninoZ Adjacent Zone Applicant's Use Single & Two- Multi-Family Mixed-Use Commercial Industrial District Family

Zone District Structure Type Res. Non- Res. Non- Vert. Horiz. 1—3 3+ — Res. Res. Stories Stories

Single & Two- Residential 0 2 1 2 3 3 3 3 3 Family Non-Residential 0 0 2 1 1 1 1 2

Multi-Family Residential 0 2 0 2 2 2 3 3 3

Non-Residential 0 0 1 0 1 1 1 2

Mixed-Use Vertical 0 1 2 1 0 0 1 2 3

Horizontal 0 1 2 1 0 0 0 1

Commercial 1—3 Stories 0 1 3 1 1 0 0 1 3

3+ Stories 0 0 3 2 2 1 0 0 3

Industrial — 0 0 3 3 3 3 3 3 0

Level 0 does not require a screen or landscape buffer.

Level 1 requires a six foot wide landscape buffer.

Level 2 requires a four-foot wide landscape buffer and a six foot tall screening device.

Level 3 requires a 10-foot wide landscape buffer and an eight-foot tall screening device.

(2) Landscape buffer location and design.

(i) The required landscape buffer shall be installed on the applicant's side of the screening device.

(ii) It shall be designed so that at least eighty (80) percent opacity is achieved, viewed horizontally, in the space between one foot and five (5) feet above grade at the screen line, at the time of installation.

(iii) The landscape buffer shall include the following plant mix:

(A) Four (4) of the categories of planting material contained in section 29-4.4(c)(6) and the guidelines for landscaping and screening, or as approved by the city arborist;

(B) One tree with a two-inch caliper that is ten (10) feet in height at the time of installation for each two hundred (200) square feet of buffer area; and

(C) Shrubs and flowering plants that cover a minimum of fifty (50) percent of the remaining area with a minimum of twenty-five (25) percent of that plant material being in flowering shrubs.

(3) Screen location and design.

(i) The screen shall be located along the property line of the applicant's lot, and shall not extend into the established setback of the adjoining lot.

(ii) The screen shall be constructed of wood, masonry, brick, stone, wrought iron, compact evergreen hedging, an earth berm, or some combination of those materials. Chain link fence and railroad ties are prohibited.

(iii) The combined height of the screening methods identified in this subsection shall not be less than six (6) feet.

(f) Parking area landscaping.

(1) All parking areas containing over one hundred (100) parking spaces shall include interior landscaping equal to at least ten (10) percent of the paved area. Landscaping required to meet the requirements of sections 29-4.4(d) (street frontage landscaping) or 29-4.4(e) (property edge buffering) above shall not be used to satisfy this requirement.

Figure 4.4-2: Interior Parking Area

(2) Interior landscaped areas to meet the requirements of subsection (1) above shall be at least ten (10) feet in width, shall contain at least one tree per forty (40) lineal feet of interior landscaped area or part thereof, and shall be designed lower than the paved area so that storm water from the paved parking areas shall flow into the landscaped areas. If curbs are used to prevent vehicle entry into these lowered landscaped areas, they shall have breaks to permit stormwater to enter the landscaped areas.

(3) Figure 4.4-3: Parking Area Curb Breaks No parking areas shall contain more than one hundred fifty

(150) spaces unless it is separated by a landscaped area of at least ten Figure 4.4-4: Interior Landscaped Area

(10) feet in width from other areas containing parking spaces.

The ten (10) foot wide landscaped area shall contain four (4) of the categories of planting materials listed in section 29- 4.4(c)(6). In addition, trees shall be planted within the tenfoot wide landscaped area at the rate of one tree for each forty (40) lineal feet.

Appropriately placed connections between parking areas are permitted.

(4) In addition to the above, paved areas developed after August 19, 1991, exceeding four thousand (4,000) square feet in area, and additions exceeding four thousand (4,000) square feet in area to paved areas that were developed prior to August 19, 1991, shall contain a minimum of one tree within a growspace/island of at least one hundred seventy (170) square feet within the interior for every four thousand (4,000) square feet of paved area. For every additional tree planted within the interior of a paved area required parking may be reduced by three (3) parking spaces. For every additional tree planted within a perimeter bump/bulb-out containing one hundred fifty (150) square feet required parking may be reduced by two (2) parking spaces.

If there is no area on the site where required trees can be installed so that they do not interfere with the loading and unloading of large vehicles, the required trees may be placed at the perimeter of the paved areas or in other suitable locations on the site.

(5) Of the combined total number of trees required to be planted in the interior parking lot, no less than thirty (30) percent shall be of a species of medium shade trees, and no less than forty (40) percent shall be of a species of large shade trees, no single tree species shall make up more than forty (40) percent of the trees required to be planted in the interior of the parking area.

(g) Preservation of existing landscaping.

(1) Applicability. The standards of this subsection shall apply to all development and redevelopment on lots or parcels equal or greater than ten thousand (10,000) square feet in area and to all subdivisions approved after the effective date of this chapter. These standards do not apply to the construction of a single-family detached, single-family attached, or two-family residential structure. (See also section 29-4.4(i) (clearing of trees) for additional standards related to tree removal.)

(2) Credit for preserving existing mature/significant trees. Applicants that preserve mature, healthy trees as part of development or redevelopment may obtain credits toward trees required by this chapter including, but not limited to, street frontage, landscaping, and edge buffering. To obtain credit, the preserved trees must be on the same lot, at least five (5) inches in diameter breast height (DBH), and must be in healthy condition as determined by the city, and be part of the approved tree protection detail.

Credit is not given for shrubs, or trees preserved as part of a stream buffer, tree preservation, or otherwise undevelopable area. Credit for preserved trees shall be granted as shown in Table 4.4-5 and may be applied to reduce the number of trees required to be installed pursuant to this section 29-4.4. Trees contained in an existing or proposed utility or other easement cannot be credited toward required tree preservation, screening, or landscaping requirements.

Any preserved trees for which credit is given, and that are lost to damage or disease within two (2) years after the credit is awarded, shall be replaced by the property owner within six (6) months at a ratio of one tree per one inch of DBH lost. Replacement trees must be at least two (2) inch in caliper size. Other plantings that die within eighteen (18) months of preservation credit received shall be replaced in kind within six (6) months.

Table 4.4-5: Tree Preservation Credits

Caliper of Preserved Tree (in.) Reduction in Number of Required Trees

Over 12 in. DBH 3

Over 8 in. to 12 in. DBH 2

5 in. to 8 in. DBH 1

(3) Significant trees.

(i) Twenty-five (25) percent of significant trees shall be preserved during development or redevelopment. All vacant and undeveloped land and all property to be redeveloped, including additions and alterations that require a land disturbance permit, shall abide by this section. A "significant tree" means a tree that is not diseased, dying, or of a noxious invasive species and that is at least twenty (20) inches diameter at breast height (DBH) for a deciduous tree that is located outside of the tree preservation and stream buffer or utility easement.

(ii) When a significant tree is removed, the property owner shall replace such tree(s) on the lot as follows:

a. A significant deciduous tree that is removed shall be replaced by three (3) large to medium deciduous trees, each with a minimum size at planting of two (2) inches caliper.

b. A significant coniferous tree that is removed shall be replaced by two (2) coniferous trees, each with a minimum height at planting of eight (8) feet.

c. In lieu of planting replacement trees a payment of seven hundred fifty dollars ($750.00) per tree can be paid to the City of Columbia right-of-way landscaping planting budget for planting of public street trees.

d. Replacement trees shall be maintained by the property owner for at least three (3) years.

(iii) Exceptions. Plants that create a public nuisance, as determined by the city arborist, are not protected by the provision of this section.

(4) Tree and vegetation protection during and after construction.

(i) Tree protection shall be required prior to and during site disturbance and construction activities. No activities with the potential of causing damage to the root systems of trees shall be allowed within twenty (20) feet outside the drip line of the trees being preserved, protected or planted as part of the landscaping or tree preservation plan.

(ii) An orange construction fence or an equivalent shall be installed and "Tree Preservation - Keep Out" signs shall be posted every one hundred (100) feet along the perimeter of the tree preservation area, and the fencing and signs shall be maintained for the duration of all site

disturbance and construction activities.

(iii) If site grading occurs within twenty (20) feet of the tree preservation area, the perimeter of the area must be trenched to a minimum width of two (2) feet and a minimum depth of two (2) feet. Tree roots shall then be pruned by the property owner.

(iv) The tree and vegetation protection fencing shall be clearly shown on the project approval documents. No construction, grading, equipment or material storage, or any other activity shall be allowed within the fenced area. All tree and vegetation protection measures shall be inspected and approved by the city arborist prior to start of any land disturbing activities.

(h) Alternatives and adjustments.

(1) This section is not intended to prevent the use of a material or method of construction not prescribed specifically by this section, especially whenever a stream, natural rock formation or other physiographic condition exists; provided that any such alternate material or method has been approved in writing or in plan and its use authorized by the director as providing at least equivalent quality, effectiveness, durability, hardiness, and performance to the specific requirements of subsections (a) through (g) above.

(2) The director may modify the property edge buffering standards of section 29-4.4(e) by up to ten (10) percent (increase or decrease in width and height) if necessary to provide adequate buffering of impacts or to respond to specific site conditions.

(3) The director may modify the property edge buffering standards of section 29-4.4(e) if the director determines that the design, height, location of uses, massing, and landscaping of the applicant's project mitigates potential adverse impacts on surrounding properties.

(4) The director may modify the street frontage landscaping standards of section 29-4.4(d) for properties involving outdoor sales of vehicles or equipment if the director determines that strict application of these standards will significantly reduce visibility of the goods being sold from the fronting public street.

(5) Where the requirements of this section are applied to a redevelopment or reconstruction project, rather than a new development, the director may authorize a reduction of minimum off-street parking requirements established in section 29-4.3, by up to ten (10) percent, if necessary to accommodate street frontage landscaping required by subsection 29-4.4(d) above or the parking area landscaping required by subsection 29-4.4(f) above.

(6) Where the requirements of this section 29-4.4 are applied to a redevelopment or reconstruction project, rather than a new development, the scope of compliance shall be commensurate with the scope of redevelopment.

(i) Clearing of trees.

(1) The clearing or logging of existing trees four-inch DBH or greater by any means on tracts of land of one (1) acre or more shall be unlawful unless done in compliance with a land disturbance permit, logging permit, or tree preservation plan pursuant to chapter 12A of the City Code as applicable.

(2) A minimum of twenty-five (25) percent of any climax forest area on any tract of land, one acre in size or greater, is subject to the land preservation standards shown in section 29-4.4(c)(1)(i)(d). When the tract of land includes a stream buffer, none of the required tree/land preservation shall be within the stream buffer. Trees retained will count toward screening requirements contained in section 24-4.4 (landscaping and screening).

(3) When logging is to occur prior to approval of a tree preservation plan or on property not otherwise subject to land disturbance requirements, a logging plan demonstrating compliance with tree preservation requirements must be submitted to the city arborist. This logging plan will include the area in square feet of forest land, the area in square feet of climax forest, and demonstrate that twenty-five (25) percent of the area of climax forest will be preserved after logging. Each logging operation on the same site will require a separate land disturbance permit. Under no circumstance shall successive logging remove greater than seventy-five (75) percent of the climax forest present upon the site before logging.

(4) An approved tree protection and preservation plan shall be required prior to issuance of a land disturbance permit and during the activities associated with the land disturbance permit in accordance with the administrative standards promulgated and enforced by the director of public works, but under no circumstances shall activities with the potential of causing damage to the root systems of trees be allowed within the perimeter of the drip line of the trees being preserved, protected or planted as part of the landscaping plan.

(5) Any land owner requesting annexation into the city shall abide by the tree preservation provisions of the City Code. Any land that did not follow the tree preservation provisions of the City Code shall wait five (5) years before they are able to obtain a permit for redevelopment or subdivision unless the provision of section 29-4.4(c)(1)(x) have been met.