§ 118-131. Site restoration plan.

(a)

Purpose. The primary consideration of a restoration plan shall be to return the affected portion of the site to its natural state, or, if that is impossible, to counterbalance the negative effect of the violation over the entire site to the greatest extent possible.

(b)

Submission; review by planning and zoning commission.

(1)

When a restoration plan is required, a suitable restoration plan must be submitted to the planning and zoning commission within 30 days of notification by the building department to the owner, developer, subcontractor or agent of a violation.

(2)

The restoration plan must be submitted to the zoning and planning departments a minimum of three working days before the planning and zoning commission meeting in which the restoration plan is to be reviewed, to allow staff time to review and comment on the proposed restoration plan.

(3)

City council shall establish by separate resolution a minimum fee schedule for a tree restoration plan. The fee is to be paid at the building department. No restoration plan will be reviewed until the fee is paid.

(4)

Failure to submit a suitable restoration plan within 30 days to the planning and zoning commission is a violation of this article.

(c)

Form and contents; number of replacement trees.

(1)

The restoration plan shall be incorporated into an approved site plan or as-built plan, or otherwise drawn in a manner acceptable to the planning director.

(2)

The type, size and location of all trees removed without or in violation of tree removal permits and any unapproved grade changes shall be shown on the restoration plan.

(3)

The type, size, number and location of all replacement shade trees and other vegetation to be planted on the site to replace what was unlawfully removed shall be shown on the restoration plan.

(4)

The diameter of the removed trees shall be calculated and put on the restoration plan.

(5)

Replacement shade trees of a minimum three and one-half inch caliper (two and one-half inch to three inch DBH) will be planted to make up for the diameter of the trees removed. The diameters of the replacement shade trees added together will equal or exceed the total diameters of the removed trees. If the required replacement shade trees cannot be placed on the property due to size restrictions, they will be donated to the city for placement on public lands for the benefit of the entire community.

(6)

When unapproved grading occurs, the existing elevations and the finished elevations must be shown on the restoration plan.

(d)

Implementation of plan. After the restoration plan has been approved by the planning and zoning commission, the owner shall have 30 days to implement the plan. Failure to implement an approved restoration plan is a violation of this article.

(1)

Tree replacement and vegetation replacement must be inspected and approved by the planning director or his agent.

(2)

Changes in grading, excavations or berming specified in the restoration plan must be inspected and approved by the planning director in consultation with the city engineer.

(e)

Approval of plans involving historic property. If a violation requiring a restoration plan occurs on property that is designated under the historic preservation code (chapter 94), the restoration plan must be submitted to the historic preservation advisory board for a recommendation to the planning and zoning commission. The restoration plan shall be presented to the historic preservation advisory board at a regular scheduled meeting, or, at the discretion of the planning director, after consultation with the chairperson and vice-chairperson of the historic preservation advisory board, at a special meeting of the historic preservation advisory board.

(f)

Additional review criteria. Additional factors to be considered by the planning and zoning commission when reviewing a restoration plan include:

(1)

The specific aesthetic character of the material removed.

(2)

Any special function the material carried out as a screen or buffer.

(3)

The amount of the other natural material preserved on the site, and the opportunities for planting additional materials.

(Code 1985, § 7-1128; Ord. No. 2117, § 2, 10-24-89; Ord. No. 5005, § 6, 11-27-01; Ord. No. 5720, § 5, 9-18-07)