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Section 1207.02    Tree and Vegetation Protection

  1. Purposes
    Protection of existing tree and vegetation cover is intended to preserve the visual and
    aesthetic qualities of the city, to encourage site design techniques that preserve the
    natural environment and enhance the built environment, to control erosion and
    sediment run-off into streams and bodies of water, to protect wildlife habitat, to
    provide shade, and to conserve energy by reducing building heating and cooling
    costs.

  2. Tree/Vegetation Removal
    1. Outside the Limits of Disturbance. No trees with a diameter at breast height
      (DBH) of 9 inches or greater shall be removed outside the approved limits of
      disturbance, except as may be specifically exempted in this section.

    2. Within the Limits of Disturbance. Whenever practicable, significant trees
      and existing vegetation within the limits of disturbance should be preserved.

    3. Priority Areas for Retention. Priority areas for retention of existing trees and
      vegetation shall include, but not be limited to riparian areas, wetlands,
      wildlife habitat, aquifer or wellhead protection areas, areas falling within the
      two highest quality ecological integrity classifications for any of the
      individual metrics or composite as set forth in Appendix B to this Code, and
      other sensitive natural areas. Streets, buildings, and lot layouts shall be
      designed to minimize disturbance to all trees 9 inches DBH or larger.

  3. Replacement/Mitigation Requirements for Violations of this Section
    1. Trees. Any tree 9 inches DBH or larger that is removed in violation of this
      Section from outside the limits of disturbance shall be:
      1. Replanted on the site; or
      2. Replaced with a tree of the same or equivalent species; or
      3. Replaced with trees of the same or equivalent species and in
        quantities consistent with the dollar values set forth in the Schedule A
        below.

    2. Cash Payment In-Lieu of Tree Replacement. Alternately, for any tree 9
      inches DBH or larger that is removed from outside the limits of disturbance,
      the applicant may pay cash in-lieu of tree replacement consistent with the
      dollar values set forth in Schedule A below. All monies received by the City
      from an applicant for the purpose of tree mitigation shall be placed in an
      individual conservation escrow account.

      Schedule A , above, is subject to index adjustments for inflation.

    3. Exception. The Planning Commission may waive the tree mitigation
      provisions set forth in this section if it finds that removal of a tree or trees 9
      inches DBH or greater was necessary due to site planning efforts to protect
      sensitive areas on the lot or site, including but not limited to wetlands, stream
      corridors, or aquifer protection areas.

  4. Site Construction Standards
    All applicants shall meet the following standards:
    1. Trees to be Removed. Trees authorized for removal shall be marked on the
      curb side with an orange "X" of at least 4 inches in height.

    2. Trees to be Relocated. Trees to be relocated shall be marked on two sides
      with a white "dot" of at least 4 inches in height. Trees shall be transported
      and relocated directly into the ground with a hydraulic spade to a permanent
      on- or off-site location approved by the city before construction begins.
      Trees larger than 5 inches or larger shall be moved with a spade 90 inches or
      larger. Trees smaller than 5 inches shall be moved with a spade 60 inches or
      larger.

    3. Trees to be Preserved. Trees and groups of trees to be preserved on site,
      including their root zone (the most critical portion of a tree's root zone is an
      area approximately one-foot in radius for each diameter inch of trunk), shall
      be protected during the entire construction period with orange fencing of a
      minimum height of four feet, secured with metal t-posts, no closer than six
      feet from the trunk of any tree or one-half the drip line, whichever is greater
      or other methods approved by the City Manager. Any fenced area shall be
      posted with a sign with at least 2-inch high lettering reading "Tree
      Preservation Area--Do Not Disturb." Such signs shall be posted at least
      every 100 feet or on each separate fenced area. No signs, notices, or permits
      shall be nailed or attached to protected trees. The applicant shall be
      responsible for maintenance of signs and fencing at all times.

    4. Prohibited Activities within Preservation Areas:
      1. The applicant shall be responsible for ensuring that within the fenced
        areas there is no disturbance of soil, clearing, grubbing, grading,
        stock-piling of soil or any other materials or equipment, or disposal
        of any fluids or other materials that may be harmful to the tree(s) or
        vegetation.
      2. Change in site grade greater than six (6) inches within the dripline of
        protected trees, or within three (3) feet of protected vegetation, such
        that drainage flows into or collects near protected tree(s) and
        vegetation is prohibited.

    5. Limits on Excavation Near Preserved Trees. The installation of utilities,
      irrigation lines, or any underground fixture requiring excavation deeper than
      six inches shall be accomplished by boring under the root system of protected
      existing trees at a minimum depth of 24 inches. The auger distance shall be
      as set forth in the chart below:


  5. Exemptions
    The following trees and vegetation shall be exempt from the requirements of this
    section:
    1. Dead, dying, or naturally fallen trees or vegetation, unless the Community
      Development Staff determines that an action or actions of the applicant or his
      agents has contributed substantially to the deterioration of a tree or
      vegetation, or trees and vegetation found to be a threat to public health,
      safety, or welfare;

    2. Trees or vegetation that are determined by the City to substantially obstruct
      clear visibility at driveways and intersections;

    3. Tree species that constitute a nuisance to the public such as Corkscrew
      Willow, Flowering Pear, Weeping Willow, Colorado Blue Spruce, and
      Austrian Pine.

    4. Trees that are removed from a large stand of trees or forests that are overly
      dense as part of a plan approved by a qualified forester and the city
      Community Development Staff for the purpose of maintaining the health and
      viability of the stand of trees or forest.

  6. Plant Materials, Installation, and Maintenance
    1. Topsoil. To the maximum extent feasible, topsoil that is removed during
      construction activity shall be conserved for later use on areas requiring
      landscaping and revegetation.

    2. Plant Materials. The selection of plant materials shall be based on the City of
      Hudson's climate and site conditions. A list of allowable and preferred plant
      species that are adaptable to the City of Hudson can be found in Appendix C
      of this Code.

    3. Plant Quality. All plants shall be Specimen Quality for the plant type, free of
      any defects, of normal health, height, leaf density, and spread appropriate to
      the species as defined by American Association of Nurserymen or
      International Society of Arboriculture standards.

    4. Installation. All tree replacement in each phase of a development shall be
      either installed or installation shall be secured with a letter of credit, escrow,
      or performance bond for 125% of the value of the trees prior to the issuance
      of a certificate of zoning compliance for any building in such phase. The
      performance guarantee required by this section shall be in addition to any
      performance guarantee(s) for landscaping required in Section 1207.04 of this
      Chapter.

    5. Maintenance. Existing trees and vegetation shall be considered as elements
      of the project in the same manner as parking, building materials, and other
      site details, and if damaged during construction or dead within two years of
      completion of development, shall be promptly replaced based on the
      requirements of this Section.