Ord. 20647 - Laserfiche WebLink

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conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. * * * (13) Tree Preservation and Removal Standards Adjustment. The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraphs (b) through (e): (a) Conditions. To qualify for an adjustment, one of the following conditions must apply: 1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or, 2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum allowed under this land use code; or, 3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure. (b) The proposed reduction to the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development. In no case shall minimum tree preservation for areas at or above 900 feet elevation be reduced below 30%. (c) Except for areas at or above 900 feet elevation, proposals may mitigate up to 100% of the minimum tree preservation requirement if the following requirements are met: 1. For proposed subdivisions, new trees must be planted so that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees. 2. For all other developments, the proposed design must provide one tree per dwelling unit. New trees planted to meet subsection 1. or 2. above are subject to the requirements at EC 9.6885(2)(d)2.c. Installation and Maintenance. Trees planted to meet applicable landscape standards may count toward these requirements. Existing trees on the development site that are under 8-inches Diameter Breast Height (d.b.h.) and listed in Table 9.6885(2)(d)2. Approved Species List may be designated for preservation and counted toward these requirements (in lieu of planting new trees). (e) For areas at or above 900 feet elevation, mitigation is limited to 10% of the minimum preservation requirement. * * * (37) Street Standards Adjustment. Where this land use code provides that street standards may be adjusted, the standards may be adjusted upon a demonstration by the applicant that the requested adjustment is consistent with the following: Ordinance - Page 20 of 34