City of Leavenworth Development Regulations

D E V E L O P M E N T R E G U L A T I O N S A R T I C L E 6 . L A N D S C A P E & S I T E D E S I G N

6.09 Tree Preservation

C. Combination Planting and Payment Replacement. If site limitations affect the ability of the developer to replace the total caliper inches of the removed tree(s), the Director or his/her designee may allow the developer to reduce the replacement measurement. The planted caliper inches shall allow for the maximum replacement of caliper inches feasible on the site. This reduction may not exceed 50 percent of the total caliper inches removed. D. Enforcement. The Director or his/her designee shall send a letter to all development applicants reminding them of the significant tree replacement requirements. E. Removal of a Dead or Dying Tree or Unsafe Tree. Nothing in this section shall be interpreted to require a property owner to keep a dead or dying tree. The status of a tree shall be determined by the Director or his/her designee prior to removal. The city may require a property owner to remove a dead or dying tree if it is determined to be a hazard to public safety. 1. Owner’s Responsibility. During development, the owner or developer is responsible for the erection of all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection. 2. Tree Protection Fencing. All significant trees and trees intended for use as credit towards the landscaping and tree-protection standards of article shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. a. Fencing shall extend at least one foot in distance from the edge of the tree for each inch of Diameter at Breast Height (DBH) to a maximum of ten feet, but in no case closer than five feet to the trunk. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. F. Tree Protection During Construction.

b.

The developer shall erect a plastic mesh fence or chain link fence a minimum of four feet in height at the drip line around each tree or group of trees to prevent the placement of debris or fill within the drip line of any tree. All tree protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have tree protection measures prior to the commencement of construction is a violation of these regulations. The tree protection fencing shall be clearly shown on the site plan or grading permit. No construction, grading, equipment, material storage, or any other activity shall be allowed within the fenced area except in accordance with the standards in subsection (3) Encroachments into Root Zones . Fencing shall be maintained until the land disturbance activities are complete.

c.

d.

3. Encroachments into Root Zones. Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances. If such an encroachment is anticipated, the following preventive measures shall be employed prior to the encroachment: a. Written verification is prepared by a qualified arborist of the tree’s condition before and after the encroachment, including preventive measures that shall be

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