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I' <br />I <br />i.i' <br />% <br />Tb: <br />Proa: <br />Date: <br />0>V 70^^ <br />Jeanne A. Mabusth, Building & Zoning Administrator '* <br />Mayor Peterson <br />Orono City Council <br />City Administrator Moorse <br />Site <br />October 9, 1991 <br />Subject: Tree Removal within 0 to 75' Lakeshore Setback Area <br />Pertinent Ordinance <br />Section 10.22, Subdivision 3 - Tree Removal Regulations. <br />No live tree within 75' of the shoreline with a <br />diameter of 6" or more shall be removed without first <br />obtaining a permit from the City. Such permit shall <br />be issued by the City staff provided that at least a <br />like number of replacement trees of a size and <br />nature found acceptable to the staff are planted. Any <br />questions involving the number of trees o be <br />replaced will require approval. <br />It is the current practice of the Building Department to require no <br />permit for the removal of dead trees. The staff merely inspects the <br />property to confirm that the trees are dead and issues an inspection <br />notice confirming the right to remove. A copy of the inspection <br />notice is placed in the file. <br />A permit is required for the removal of live trees. [Permit price <br />$30.50] Removal of live trees usually involves types such as <br />cottonwood or willow trees. Very often the age or physical condition <br />of live trees can present a hazard and liability for a prooerty owner <br />and at other times trees may be removed to provide growing space for <br />unique or more valuable trees on a property. When a live tree is <br />removed, staff will usually ask for the same number of replacements at <br />a 3” or 4* diameter. Trees are usually required to be replanted in <br />the general vicinity of the site where trees were removed. <br />In a recent after-the-fact violation that involved the removal of <br />seven to eight trees in excess of €” in diameter, the owner provided a <br />landscape plan providing replantings to the side of the lakeshore yard <br />and not in the general area where the originals were removed. Lacking <br />clear direction in the code, staff's request was disputed. The <br />specific code section referenced above does not state that trees have <br />to be replaced in the general area of the removals. Was or is it the <br />Council's intention to require replantings in the same general area of <br />the removals? <br />Another issue related to tree removal is the issue of the replant <br />size. Many cities with reforestation programs ask for cumulative <br />replacements: