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Home My WebLink Aboutordinance.council.032-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~]_ (Series of 1973) AN ORDINANCE AMENDING SECTION 24-9 OF CHAPTER 24 OF THE MUNICIPAL CODE OF ASPEN BY THE ADDITION OF SUBSECTION (i) REQUIRING PERMIT FOR REMOVAL OF ANY TREE WITH A TRUNK DIAMETER OF FOUR INCHES OR MORE; PROVIDING FOR SUBMISSION OF TOPOGRAPHIC SURVEY OR SITE PLAN ON SUBMISSION OF APPLICATION FOR PERMIT; PROVIDING FOR RELOCATION OR REPLACEMENT OF TREES; AND PROHIBITING CONST~CTION NEAR TREES. ~' the WHEREAS, the Clty~%~ounG,,~l is apprised that trees within City of Aspen constitut~,~a ~atural asset to the City and are continuing ~cd~struct~ and other land use , threatened by i '~ ~ ~ and ,,.~ ~.~ WHEREAS, th~ty ~uncil wishe~'~k r gulate the removal of trees of a ce~ta~ size so as to pre~i the wasteful elimination of s~d~h t;~es and to~,~uir~~hat a permit issue prior to rem~tre~within~ C~y of Aspen. NOW, TH~REFOR~BE IT ORDAINE~~ ~THE CITY COUNCIL OF T~E CITY OF APSEN, ~OR ~: ~ Section 1. ~A ~k~ Sect ion 24-9 of the Muni~)~,~ the City of Aspen, Colorado, which section is e~iti~tled ,,S~p~me~ary Regulations," is hereby amended by t~e~dditi%n of subs~n ~)which new unlawful for any per'on, without ~t o~t~ining a per- mit to do so as herein provi~o remo~ e~or cause to be removed or effectively re~ ~hr°ug~ ~maging any tree with a truck diameter of ~ inch~ ~(4") or more, said diameter being measured four and or ,-half feet (4~') above grade. RECORD OF PROCEEDINGS 100 Leaves (1) The terms and provisions of this section shall apply to all real property presently situated in or subsequently annexed to the corporate limits of the City of Aspen. (2) Any person wishing to obtain a permit to remove such a tree shall file an appropriate application with the building insepction depart- ment of the city. Said application shall include a topographic survey of the property if the change in elevation is greater than five (5) feet or if the property is one (1) acre or larger in size, or a site plan which shall include the following: a. Location of proposed driveways and other planned areas of structures on said site; b. Location of all trees four inches (4") or over in trunk diameter measured four and one-half feet (4½') above grade and inden~ified as to type, trunk diameter and species; c. Designation of all any trees endangering diseased trees and any roadway pavement and trees endangering utility service lines; d. Designation of any trees to be removed and of trees to be retained; e. Any proposed grade changes which might adversely affect or endanger any trees on the site with specifications as to how to maintain the trees. (2) RECORD OF PROCEEDINGS 100 Leaves (3) After filing said application, the Parks and Recreation Directo~ City Engineer, and Building Inspector shall review the application and determine what effect it will have upon the drainage, topo- graphy, and the natural resources of the areas, and shall consider these factors in granting or denying the application. Based upon a review of these factors, the permit shall be either granted or denied by the building inspector. (4) Where construction of structures or improvements on any real property necessitates the removal of such trees, the city manager may, as a conditicn for the approval of the application for removal, require that the owner either relocate or replace a tree or trees with comparable substitutes somewhere within the property lines of the site. Comparable substitute is defined as a tree or trees of equal value to the appraised value of that tree which is to be removed or relocated. (5) No trees shall be removed from city property except in accordance with Division 2 of Article V of Chapter Nineteen of the Code. (6) It shall be unlawful for any person in the construction of any structures or other improvements to place material, machinery or temporary soil deposits within six (6) feet of any tree having a four (4) inch or greater trunk diameter measured three (3) feet above grade level and during construc- tion all builders shall be required to erect (3) RECORD OF PROCEEDINGS 100 Leaves suitable barriers around all trees to be preserved. In addition, during construction no attachments or wires other than protective guy wires shall be attached to any such trees. (7) The City manager may upon appropriate appli- cation vary or waive the terms or provisions of this section when it will inflict unreasonable hardship." Section 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. Section 3. A public hearing on the ordinance shall be held on , 1973, at p.m. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on , 1973. ATTEST: Mayor City Clerk (4)