Criteria and conditions for tree removal

(a)

Criteria for removal. No permit shall be issued for tree removal from the site, unless one of the following conditions exists:

(1)

The tree is located in the buildable area or yard area where a structure or improvement may be placed and unreasonably restricts the permitted use of the property. Trees located in the property frontage (within the setback) shall not be considered to be located within the building area or yard. Ingress and egress to garages are not considered the buildable area or yard.

(2)

Trees on the public right-of-way shall not be considered for removal as a result of restriction to or from ingress or egress to the garages or parking on the site provided however, that if there is no other reasonable access to and from the structure or to the property from the public right-of-way, this requirement shall be waived by the director of code enforcement when it relates to private property and/or by the director of public works when it relates to the public right-of-way.

(3)

The tree is diseased, injured or in danger of falling, interferes with utility service, creates unsafe vision clearance or conflicts with other provisions of this Code or other ordinances or regulations.

(4)

The tree is an exotic tree species and will be replaced with a native tree species to promote good forestry practices; creates a health hazard; interferes with native tree species or creates a negative impact on natural land features such as rock outcroppings, sink holes or other geological, historical or archaeological features.

(5)

It is in the general welfare of the public that the tree be removed for a reason other than set forth above.

(b)

Conditions for relocation and replacement. As a condition to the granting of a tree removal permit, any or all of the following may be required:

(1)

The applicant may be required to redesign the project to preserve specimen tree(s) or any other tree determined by the historic and environmental preservation board to be of substantial value due to its species, size, age, form and/or historical significance, provide an alternative plan, when feasible, which shall include the preservation of such tree(s) and design alterations within the scope and intent of the initially proposed plan. The applicant shall provide sufficient information, to include a tree survey drawn to scale that illustrates all existing site conditions and a tree disposition plan drawn to scale that superimposes all proposed new construction including all overhead and underground utilities and the new locations of trees over the tree survey plan information. The historic and environmental preservation board will review and analyze the aforementioned information, in order to determine the appropriate course of action.

(2)

Where practical, specimen trees, or any other trees determined by the department to be of substantial value due to its species, size, age, form and/or historical significance, that is proposed for removal shall be relocated on or off-site. The applicant shall adhere to acceptable tree relocation specifications.

(3)

If it is impractical to relocate and replant such trees of substantial value, either on the site or off the site, the tree may either be removed, or the applicant may be required to demonstrate a "good faith" effort to redesign the project to protect and preserve the trees. The applicant shall be required to replace all trees permitted to be removed in accordance with the tree replacement requirements contained in section 17-1.

(4)

The historic and environmental preservation board may require that the applicant provide a written report from a certified arborist before making any determinations in conjunction with this section. The historic and environmental preservation board may also require monitoring by a certified arborist during construction to assure tree preservation.

(5)

In determining the required preservation, relocation, or replacement of trees, the following factors shall be considered:

a.

Existing tree coverage on the site and in the immediate surrounding area.

b.

Number of trees to be removed on the entire site.

c.

The type, size and condition of the tree(s) to be removed.

d.

The feasibility of relocating the particular tree or trees.

e.

Topography and drainage of the site.

f.

The extent to which the trees contribute to the aesthetic, economic and environmental integrity of the surrounding area.

g.

The nature of the existing and intended use of the property.

(6)

Tree replacement. Tree replacement shall be as directed in subsection 17-6(a) which includes tree replacement chart 17.6.1.1 as well as tree species diversity chart 17.6.2.1 in subsection 17-6(b), tree species.

(Code 1967, § 64-9; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-9; Ord. No. 13174, § 2, 5-13-10)