Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 threshold, the developer shall replant 1.25 inches (caliper) of new trees or provide the city with 2 $125.00 in restitution. 3 (G) Reforestation/restitution plan. 4 (1) If the total number of significant tree inches to be removed exceeds the removal threshold, the 5 developer shall provide a reforestation plan, or a calculation of restitution, or a combination 6 thereof. 7 (2) A reforestation plan shall be prepared by a registered landscape architect or forester and shall 8 comply with the following criteria: 9 a. The plan shall indicate the location and diameter (or height if coniferous; for each three 10 (3) feet in height is equivalent to one (1) caliper inch) of all reforestation trees to be 11 planted. This can be included on the landscape plan, but the reforestation calculation, 12 trees, and inches, must be specified. 13 b. Size at the time of planting shall comply with the planting standards outlined in the 14 applicable landscape standards for the respective zoning district. 15 c. No more than 25 percent of the reforestation trees shall be from any one species. 16 d. Replacement trees in the reforestation plan may count toward the trees required by the 17 city's landscaping regulations. 18 e. Restitution, if applicable, shall be paid in cash to the city prior to the release of the final 19 plat mylars for recording, or, if a plat was not required, prior to the issuance of a building 20 permit subject to site plan review. Any restitution paid shall be deposited in the 21 community reforestation fund and be used for reforestation efforts within the city. 22 (H) Protection from disease and pestilence. All clearing in oak stands shall be performed prior to April 23 15 or after July 15 of each season. Any development involving oak trees on or adjacent to the 24 development area must submit a plan in conjunction with the preliminary plat that identifies what 25 precautionary steps will be taken to protect the trees from oak wilt. 26 (I) Encroachment. If encroachment into a tree preservation area occurs that causes irreparable damage 27 to a tree(s), the tree preservation plan shall be revised to compensate for the loss. Under no 28 circumstance shall the developer be relieved of responsibility for compliance with the provisions of 29 this division, nor shall planned revision activities prevent the city from instituting action for violation 30 of this division. 31 32 355-369 Reserved. 33 34 370 Communications Towers 35 (A) Purpose. In order to accommodate the communication needs of residents and business while 36 protecting the public health, safety, and general welfare of the community, the council finds that these 37 regulations are necessary in order to: 38 (1) Facilitate the provision of wireless telecommunication services to the residents and businesses 39 of the city; 40 (2) Minimize adverse visual effects of towers through careful design and siting standards; 41 (3) Avoid potential damage to adjacent properties from tower failure through structural standards 42 and setback requirements; and 43 (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless 44 telecommunication antennas in order to reduce the number of towers needed to serve the 45 community. 46 (B) Towers in residential zoning districts. Construction of towers to support commercial antennas that 47 conform to all applicable provisions of this Code may be allowed only the following locations: 48 (1) Parcels within the Tower Overlay District as shown on the official zoning map. 49 (2) All religious institution, government, school, utility, and institutional sites 50 (3) If the proposed tower is to be located within a residential district, documentation must be 51 included in the application that demonstrates that the tower cannot be reasonably located within 52 a commercial, industrial, or public/quasi-public zoning district. Attachment A — Ordinance #23-14 Page 42 of 141