105-425 Modification of Botanic Environment and Tree Preservation and Planting Requirements

The City Planning Commission may authorize modifications to the provisions of Sections 105-31 (Botanic Environment and Tree Preservation Requirements), 105-32 (Botanic Environment and Tree Planting Requirements) and paragraph (b)(8) of Section 105-35 (Tier II Requirements for Driveways and Private Roads).

In order to grant such authorizations, the Commission shall find that:

(a)        the development, enlargement or site alteration is not feasible without such modifications, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted;

(c)        the ecology and soil conditions of the site are such that the substitution of other plant material would be as appropriate as the botanic preservation or planting requirements being modified; and

(d)        in order to modify requirements relating to tree preservation, planting or removal, the Commission shall also find that:

(1)        such tree is located in areas which require excessive cut or fill of land deemed inimical to plant survival; or

(2)        the continued presence of such tree would create hazards or dangers (such as an area affected by storm or plant disease) to persons, property or other plant material which it would not be possible or practical to eliminate by pruning.

Where on-site replanting of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Natural Area District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.