§ 27-460. Tree conservation and trust fund.

(a)

Establishment of trust fund. The city council hereby recognizes the establishment of the tree conservation trust fund ("tree fund") for the purposes of accepting and disbursing monies paid to the city as part of tree mitigation and any other funds deposited with the city for the purpose of tree and vegetation conservation and protection. This fund shall be used solely for the planting of trees, the protection and conservation of existing trees where appropriate, or the re-establishment of vegetative resources in the city and any other ancillary costs associated with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the particular project.

(b)

Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically terminated by the city council.

(c)

Tree fund assets. All funds received shall be placed in trust for and inure to the public use and environmental benefit of the city.

(d)

Tree fund administration.

(1)

Trust funds shall be used only for the purposes designated by the city in accordance with the intent of this chapter.

(2)

All mitigation funds collected pursuant to this chapter shall be deposited in the tree fund, which shall be a separate account established and maintained apart from the general revenue fund of the city.

(3)

The city manager will bring plans for the use of the tree fund expenditures to council for approval.

(e)

Disbursal of tree conservation trust fund assets.

(1)

Expenditures for projects funded by the tree conservation trust fund shall be made in accordance with the established purchasing procedures of the city.

(2)

Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-way or on properties and lands in public use that will provide needed shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public roadways.

(f)

Triggers and controlling provisions of the Code.

(1)

For purposes of triggering any fund payment pursuant to this section, subsections 27-447(b) and 27-448(d) shall be controlling.

(2)

The applicant shall have the option of either:

a.

Replacing the removed tree pursuant to subsections 27-447(b) and 27-448(d);

b.

Partially replacing the removed tree(s) pursuant to subsections 27-447(b) and 27-448(d) and paying the balance to the trust fund pursuant to subsection (3) below; or

c.

Paying the entire balance owed to the trust fund pursuant to subsection (3) below.

(3)

The applicant shall pay a sum equal to one hundred eighty-five dollars ($185.00) per caliper inch of trees(s) removed to offset or mitigate the removal of a qualifying tree. The one hundred eighty-five dollar ($185.00) rate shall be reviewed annually by city staff to determine that it is a sufficient amount to fully account and mitigate for the removal of qualifying trees.

(Ord. No. 2016-05 , § 1, 6-6-16)