Removal of trees and development activity within environmental preservation districts

(a)

Certificate of approval required. No person, agent or representative thereof, directly or indirectly, shall cut down, destroy, move or effectively destroy through damaging any tree or other environmentally significant feature within an environmental preservation district without first obtaining a certificate of approval and must abide by tree removal as set for in article I. No person, agent or representative thereof shall commence any development activity within an area visible from a public way within an environmental preservation district without first obtaining a certificate of approval, standard and special, as hereinafter provided:

(1)

Standard certificates of approval may be issued by the preservation officer, without review and approval by the historic and environmental preservation board, for the following classifications of applications:

a.

Applications for development activity where all existing trees are to be preserved or relocated on site.

b.

Applications for removal of trees which are diseased, injured, in danger of falling, or interfere with utility service, create unsafe vision clearance, or conflict with other ordinances or regulations.

c.

Application for removal of trees which are listed in section 17-37.

d.

Applications involving tree removal and additions or modifications to existing building, except where such addition exceeds 50 percent of the existing lot coverage.

e.

Applications involving tree removal and site improvements for existing buildings such as but not limited to fences, walls, patios, driveways, pools, etc.

(2)

Special certificates of approval require the approval of the historic and environmental preservation board, and include the following classifications of applications:

a.

Applications for new development involving removal of existing trees from the site or alteration of other environmentally significant features.

b.

Applications for development activity or tree removal not listed in subsection (a)(1) as eligible for a standard certificate of approval.

c.

Applications referred to the historic and environmental preservation board on appeal from decisions of the preservation officer, or from the general public as described in section 17-8.

(b)

Applications. All applications for a certificate of approval within environmental preservation districts shall be initially made to the preservation officer. Applications shall include the following and shall remain on file with the city:

(1)

An official application form, including all requested information, signed by the property owner.

(2)

Refer to subsection 17-4(b), application requirements, subsections (1), (2), (3), (4), and (5) for the required documentation that shall accompany applications.

(3)

Signature of a planning, building and zoning official indicating compliance with applicable zoning regulations or specifying variances necessary for permitting.

(c)

Application review. The preservation officer shall review the application, which shall include a site inspection or referral to other departments, and determine whether the type and extent of the proposed work falls within the jurisdiction of a standard certificate of approval or a special certificate of approval.

(1)

Where an application is eligible for a standard certificate of approval, the preservation officer shall, within 15 days of receipt of a completed application, issue such standard certificate of approval, with or without conditions, or deny such standard certificate of approval with specified reasons therefore.

(2)

Where the nature and extent of proposed work requires a special certificate of approval, the historic and environmental preservation board shall hold a public hearing and take action within 45 days of receipt of a completed application. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. The board shall either authorize a special certificate of approval, with or without conditions, or deny such special certificate of approval with specified reasons therefore.

(d)

Permits. No permit for development activity or tree removal within an environmental preservation district shall be issued by the building department until a certificate of approval has been issued pursuant to this article. Such permit applications shall be approved by the preservation officer to verify conformance with the certificate of approval. Tree removal permits authorized by a standard certificate of approval shall be subject to the ten-day delayed effective date and posting requirements of subsection 17-4(d).

(e)

Changes in approved work. Any change in work proposed subsequent to issuance of a certificate of approval shall be reviewed by the preservation officer to determine whether such change would materially affect the certificate of approval. If so, such change shall require a new certificate of approval pursuant to all standards and procedures in this article.

(Code 1967, § 64-8; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(C), (D), 5-27-82; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-8; Ord. No. 13174, § 2, 5-13-10; Ord. No. 13971, § 2, 2-25-21)