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HomeMy WebLinkAbout2024-05-21-TREE-min-att2 1. Removal of a Protected Tree In accordance with section § 120-8, in order to remove a Protected Tree, the following will be required: a) A completed Tree Removal and Mitigation Permit application b) A signed Tree Removal and Mitigation Permit issued by the Tree Warden. c) Mitigation of the removed protected tree(s) as described in sections 6 through 8 below. 2. Removal of a Hazardous Protected Tree In accordance with section § 120-9, in order to remove a Protected Tree that is hazardous and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application Commented \[1\]: DPW: a. A completed and signed International Society of Arboriculture (“ISA”) Basic Tree b) A completed and signed International Society of Arboriculture (“ISA”) Basic Tree Risk Risk Assessment Form Assessmen Form related to the Tree provided by a Certified Arborist, submitted with the related to the Tree provided by a Certified Arborist, submitted with the permit application. permit application. c) A signed Certification from a Certified Arborist using the attached form, submitted with Commented \[2\]: DPW: b. Delete this line. the permit application. Commented \[3R2\]: Why would a permit application not be needed? d) Photographs of the Protected Tree, including full tree view and the area of the hazardous tree where the dead or hazardous area(s) can be observed, submitted with the permit application. e) A signed Tree Removal and Mitigation Permit issued by the Tree Warden. 3. Removal of a Dead Tree In order to remove a Protected Tree that is dead and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) Photographs of the Protected Tree including a full tree view and the area of the dead tree where the dead area(s) can be observed, submitted with the permit application. c) A signed Tree Removal and Mitigation Permit issued by the Tree Warden. 4. Removal of an Invasive Protected Tree In accordance with section § 120-9, in order to remove a Protected Tree that is an invasive species and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) Identification of the Protected Tree as a species on the attached List of Exempt Trees c) Photographs of the Protected Tree, including a full tree view and the area of the invasive tree where its species can be observed, submitted with the permit application. d) A signed Tree Removal and Mitigation Permit issued by the Tree Warden. 5. Tree Protection Plan In accordance with sections § 120-8B(2) and § 120-8D, when major construction or demolition is planned, the owner of the property shall submit to the Town a tree protection plan prepared by a Certified Arborist for any Protected Trees that are to be retained on the site and for any trees in the Town right of way (including public shade trees). The Tree Warden must approve any actions that will affect public shade trees. All tree protection measures including installation of Tree Save Area fencing and root pruning to reduce the Tree Save Area on trees whose critical root zones will be encroached upon by construction activities must be completed, documented and submitted to the Town by a certified arborist before any ground disturbing activities, including demolition or tree removal, begins. a) The fenced Tree Save Area is defined as the area within the drip line of a tree, or a circle with a radius from the tree trunk of one (1) foot for every inch of DBH, whichever is greater, unless the Tree Save Area will be reduced by root pruning. Ideally the minimum distance from the trunk to the fencing will be six (6) feet. See Figure 13. b) Fencing will be 5’ high chain link or welded wire attached to stable metal posts or stakes, spaced a maximum of eight (8) feet apart. c) Each fenced Tree Save Area shall include signs reading, “TREE SAVE AREA – PLEASE KEEP OUT”/ “AREA DE AHORRO DE ARBOLES – ENTRADA PROHIBIDA POR FAVOR”, in both English and Spanish d) Trunk Protection: If the protective fencing cannot be installed to protect the tree trunk then trunk protection should be installed. Loosely tie protective 2x4 lumber around the tree trunk with rope, do not use wire. Attach the rope to the 2x4’s using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare to the bottom of the first branch, typically 6-8’. The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter (¼) inch thick minimum, can be placed between the trunk and the lumber for added protection. e) Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable either a minimum one- half (½) inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a minimum of three-quarter (¾) inch plywood over a four (4) inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. f) Tunneling is preferred to root pruning, where possible. See Figure 14. g) Root pruning should be performed prior to any excavation or demolition and only by or under the supervision of a certified arborist. See Figure 14. i) Excavate using an air spade, hydro excavation or hand tools to expose roots. ii) Cut roots cleanly, removing no more than 40% of roots. iii) Backfill and water immediately. iv) If the hole must be left open past the end of day, cover roots with wet burlap. v) Monitor tree health and supply adequate water and mulch. h) If a grade change is needed within the critical root zone, root pruning is required before that grade change is made. Create terraces with retaining walls to maintain the original grade around the retained critical root zone. See Figure 15. 6. Calculation of Replacement Inches for Mitigation In accordance with section § 120-16, mitigation will be calculated in terms of “replacement inches” according to this table: Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level 1: Less than 24” DBH; or a tree of any size to be Same as inches removed removed in order to comply with a condition, restriction or requirement of a local, state, or federal permit Level 2: 24” DBH and larger 4 times inches removed 7. Mitigation of Removed Protected Trees In accordance with section § 120-8C, when a protected tree is removed at least one of the following is required: a) Replanting one (1) inch caliper of new tree(s) for each replacement inch of trees removed. b) Replanting one-quarter (¼) inch of new tree(s) from the Large Shade Tree List (Section V.B.5 of the Lexington Tree Management Manual and attached) for each replacement inch of tree(s) removed. For example, a three (3) inch caliper tree from this list will be credited with twelve (12) inches of mitigation planting. Columnar or dwarf cultivars that are not at least forty (40) feet high x thirty (30) wide at maturity do not qualify. Commented \[4\]: DPW: delete c) Payment to the Lexington Tree Fund of two hundred (200) dollars per replacement inch Commented \[5R4\]: Reason? not already mitigated by replanting. This provision is not allowed until the requirements of section 8 below are satisfied. 8. Minimum Street Frontage Mitigation Planting In accordance with section § 120-8C5, when mitigation for the removal of protected tree is owed, the following will be required: Commented \[6\]: DPW: Should mention where feasible and use the list as a guide. a) Replanting is required only until the mitigation owed is accomplished or the desired Commented \[7R6\]: (e) makes it clear that planting is minimum street-frontage spacing is achieved, whichever occurs first. required only as feasible as defined in the guidelines b) Trees will be planted in the front setback or the town right-of-way to achieve no greater than a 35' gap in between trees located in the combined area of the Town right of way and the front setback of a property, and no greater than a 35’ gap from a tree to the property line, as measured along the street frontage. c) Planting in the front setback is preferred. Planting may occur in the Town right-of-way with permission of the Tree Warden. d) Replanted trees shall be selected from the Large Shade Tree List, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. e) These requirements are subject to availability of suitable planting sites, as delineated in the Tree Planting Guidelines. f) From the standpoint of creating public shade, a small tree under wires will be considered equally as good as a large tree farther back on the lot. Small trees planted near streets and sidewalks should have upright or vase shapes when Commented \[8\]: To do: create an advisory list mature so as to not impede vehicular, bicycle or pedestrian traffic. g) Consider medium-sized trees (~40’ mature height) when a larger tree would Commented \[9\]: To do: create an advisory list shade solar panels on the front of the house. 9. Survival of Retained Protected Trees and Mitigation Plantings In accordance with sections § 120-8C(6) and § 120-8D(1), retained protected trees and new trees planted for mitigation credit must be maintained in good health for 1 year from the date the Certificate of Occupancy is issued. If a retained protected tree dies or is removed in this time period, the owner of the property will provide mitigation for the dead or removed tree. If a tree planted as mitigation dies within 1 year, the owner of the property will replace the tree within 9 months.