Franklin Zoning Ordinance

17 248 Chapter Tree Protection NATURAL RESOURCES Franklin Zoning Ordinance Effective December 30, 2019 in Paragraph 17.2.6.B, Encroachments into Root Zones. Fencing shall be maintained until the land disturbance activities are complete. B. Encroachments into Critical Root Zones 1. Encroachments within the root zones of trees protected in accordance with this Subsection shall occur only in rare instances where no alternatives exist, such as may be required for the installation of streets , internal drives , sidewalks , or utilities. 2. If unauthorized encroachments occur, leading to trees being damaged during construction activities, the trees shall be replaced at a one caliper inch to one caliper inch ratio. C. Owner’s Responsibility During development, the owner, or if the owner is different from the developer , the developer , shall be responsible for the erection of all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this Subsection. 17.2.7 Monitoring and Maintenance of Trees Post-Construction Owners of land shall be responsible for the preservation and maintenance of all trees required to be saved and protected under this Section. 17.2.8 Tree Bank A. Purpose The tree bank shall be a fund to receive: 1. Cash contributions for removal or damage to trees pursuant to Section 17.2, Tree Protection; 2. Charitable contributions given to the City for planting trees; and 3. Civil penalties received for the illegal cutting or damage of trees. B. Use of Funds Tree bank funds shall be used solely for purchasing, installing, and replacing trees, or maintenance of trees during their first five years after planting, on public lands such as parks, public open spaces , at community and civic facilities, and within public right-of-way. C. Procedure for Tree Bank Requests 1. An applicant shall submit a written request to use the tree bank for removal of trees. 2. The Department of Planning and Sustainability shall determine the eligibility and extent of contributions during the site plan review and shall forward the recommendation to the applicable review body. 3. If, after the site plan is approved, the applicant wishes to reevaluate a decision to contribute to the tree bank, a revised landscape plan and a proposal to change the amount of the cash contribution shall be submitted to the Department of Planning and Sustainability for approval. 4. The applicant shall provide the cash contribution payment in the form of a cashier’s check payable to City of Franklin prior to recording of the final plat and/or issuance of a building permit. 17.2.9 Tree Removal Permits A. Exemptions A tree removal permit is not required for trees removed in compliance with an approved building permit, grading