4.7.7. TREE PRESERVATION.
A. General Standards. All applicants are required to comply with the tree preservation, relocation and mitigation requirements found in the City’s adopted “Policy of Existing Trees,” as amended. It shall be unlawful for any person to remove an existing tree unless such removal is in accordance with the City’s policy on the preservation of existing trees. The Parks Recreation and Open Space Department’s Division of Forestry administers the tree preservation policy, and applicants considering tree removal as part of their land development should first contact the City Forester to discuss the proposed removal.
B. Additional Requirements for Black Forest Areas. The following additional standards apply to lands in the Black Forest area. If these standards conflict with those found in the City’s Policy on the Preservation of Trees, the provisions of this Section 146-4.7.7.B shall apply.
1. Intent. The standards in this Section 146-4.7.7 are intended to protect the Black Forest area’s unique ecosystem of non-mountainous extensions of Ponderosa Pine onto the high plains; protect the wildlife habitat created by its high quality Gambel Oak and Ponderosa Pines; and to achieve additional benefits of mature tree preservation, including shade and evaporative cooling, absorption of carbon dioxide and ozone, reducing soil erosion, increasing real properties, and enhancing the visual appeal of the area. The standards for the Black Forest Area are enacted to:
a. Maintain a sustainable tree cover within the Black Forest by locating new development in a manner that preserves existing trees to the maximum extent practicable;
b. Protect existing trees during development from the impacts of nearby construction; and
c. Provide standards governing the removal, relocation, and monitoring of trees that cannot be preserved in their original location.
2. Applicability and Exemptions. This Subsection applies to that portion of the Black Forest located in Aurora as defined in the Definitions. Exemptions include:
a. Trees that are diseased or constitute a threat to the public health and safety; and
b. Routine forestry management and fire safety practices in accordance with the Colorado State Forest's Forest Management Plan guidelines and developed by a professional forester.
3. Development Review. Any development activities and/or submittal of development applications to the City within the Black Forest shall include a tree protection plan in order to preserve existing Ponderosa Pine trees and associated Gambel Oak shrub vegetation to the maximum extent practicable. Development activities shall not result in the removal of any Black Forest trees and shrubs, except in accordance with this Section.
a. Plan Requirements. Any development activities or proposed development applications that involve disturbing the natural surface of the land or making any material change to any structure shall require the submittal of a tree protection plan that conforms to this Section and requirements set by the City Forester’s office. Black Forest trees shall be protected according to the procedures in this Section. Following tree protection plan approval, any subsequent development activity requiring approvals or the issuance of any permits shall conform to the plan. Tree protection plans shall include the following:
i. An inventory of trees and existing shrub vegetation, including a description of which trees are candidates for preservation, removal, and replanting. The inventory shall include Ponderosa Pine greater than four inches in diameter and all Gambel Oak plants greater than three inches in diameter.
ii. A construction limit line, which shall include all building, parking, underground utilities, vehicular use areas, and all areas of required cut and fill.
iii. Details and locations of permanent and/or temporary construction protection devices and measures to assure tree protection and normal growth after construction.
iv. A description of the size and location of all new trees to be planted as part of the landscape design of the proposed project.
v. A conservation escrow account to collect funds from the owner or representatives to ensure compliance with the tree preservation measures described in this Section. The amount to be collected will be based upon the “Guide to Plan Appraisal,” published by the International Society of Arboriculture. This amount will be assessed as an average diameter calculated from the total inventoried number of only those trees remaining in place and potentially impacted by construction activities. It does not include those trees outside of the construction limit line and, therefore, not impacted by construction activities as well as those that are to be removed or replanted according to plan specification. The amount will be returned to the owner upon completion of construction activities and implementation of tree protection plan requirements. If these measures are not complied with, the City shall use these funds to mitigate tree loss.
b. Plan Approval. Review and approval of the tree protection plan according to requirements set by the Planning Director and the Forestry Division of the Parks, Recreation, and Open Space Department shall be completed by the City Forester's office before the commencement of any development or planned development activity. Plans will be approved, approved with condition, or denied based upon conformity with the requirements of this division. Failure to comply with the provisions of an approved tree protection plan is a violation of this UDO.
c. Plan Amendment. The City Forester may amend any approved tree protection plan after receipt of an application for amendment from a property owner. The amendment shall be approved if the City Forester determines that the proposed amendment complies with the requirements of this Section 146-4.7.7.B.
d. Plan recordation. After approval of a tree protection plan, it shall be recorded in the office of the county clerk and recorder and shall be binding on the property owner and the owner's heirs, successors, and assigns.
4. Tree Removal and Mitigation.
a. Tree Removal. Black Forest trees and associated vegetation shall not be removed from their existing location due to development or construction activity unless avoidance through modifications of proposed development plans and design is not feasible. Tree removal is unlawful unless it is pursuant to an approved tree protection plan.
b. Tree Mitigation. Trees to be relocated shall be replanted at a suitable location on the site. Candidate trees for replanting will be greater than four inches for Ponderosa Pine and three inches for Gambel Oak, but less than 10 inches in diameter measured at a point one foot above natural grade. When such replanting is not feasible, removed trees shall be replaced at a ratio of one-to-one with an approved single tree of similar size or combination of not more than six trees measured at a point one foot above the natural grade with a cumulative total diameter equal to the diameter of the tree to be replaced. Mitigated trees shall be measured per the “Guide to Plant Appraisal.” Appropriate measures shall be undertaken to protect trees from construction activities.
c. Tree Protection. Appropriate measures shall be undertaken to protect trees from construction activities. If any of the trees required to be retained or replanted as part of the tree protection plan should die within a period of three years after completion of construction, the property owner shall replace trees within 6 months of the issuance to the owner of a notice to replace.
5. Monitoring. In addition to protection during new construction pursuant to Section 146-4.3.5 (Avoidance of Sensitive Areas), the following monitoring requirements apply to ensure that trees will be retained after construction is completed.
a. On-site supervision by the property owner or representative to ensure tree protection actions;
b. Pre-construction conferences between the property owner or representative and the City Forester;
c. Monthly meetings between construction management and the City Forester to review progress of the monitoring program; and
d. Final site inspection to verify that protection provisions have been followed.
6. Notice to Prospective Purchasers. Vendors of real property located within the Black Forest shall provide the following notice to prospective purchasers and cause such notice to be recorded with the Clerk and Recorder of Arapahoe County:
“NOTICE: The property described as (legal description and address) is located within an area governed by the Black Forest tree preservation ordinance, a tree protection plan, and is subject to the requirements Aurora City Code Section 146-4.7.7.B, as applicable.”
(Ord. No. 2019-49 § 1, 08-19-2019)