§ 98-9. Clearing and tree removal permit.

(a)

Except for routine maintenance as described in subsection 110-10(b)(2), no tree greater than six inches in DBH may be removed, topped or negatively altered in any way unless an authorized representative of the city shall have either issued a permit authorizing such activity or determined that a permit exemption applies.

(b)

Property owners and/or developers of all new subdivisions shall be required to submit an application for a clearing and tree permit at the time of initial submittal of the preliminary subdivision plan so that consideration may be given to the protection of native trees and vegetation.

(c)

Property owners and/or developers of any commercial, industrial, multifamily, or other use requiring site plan approval shall be required to submit an application for a clearing and tree permit at the time of site plan submittal so that consideration may be given to the protection of native trees and vegetation.

(d)

Unless otherwise exempt, no one shall remove or cause another to remove any tree, even if for the purpose of silvicultural activities, without first obtaining a clearing and tree removal permit. In the event an individual has removed or caused another to remove any tree without first obtaining a clearing and tree removal permit and in the event no exemptions pursuant to the City Code apply, such individual shall obtain an after the fact tree removal permit for each such tree removed, pay the associated fees for the same and shall satisfy the tree replacement requirements set forth in section 110-10 of the city land development regulations.

(e)

If the applicant wishes to start clearing a site without a development order, a clearing and tree removal permit shall be secured.

(f)

No site clearing shall take place on any property which is subject to a development order without a clearing and tree permit. A proposed building site, parking area or right-of-way clearing and tree permit shall be issued only after an authorized representative of the city has inspected the site to verify that no unauthorized clearing has taken place and to ascertain whether a modification of the plan may be justified to enhance tree preservation on the site. This permit will allow removal of the trees and vegetation within the proposed building site, parking area, right-of-way or retention area. This permit generally allows clearing of the area ten feet outside the proposed building wall except for those trees and areas specifically delineated to be preserved. If the city determines that unauthorized clearing and tree removal has taken place, the owner/developer must provide replacement trees pursuant to chapter 110 of this land development code.

(g)

Application for a permit shall be made to the city manager or designee, shall be filed on forms provided by the city manager or designee and shall include:

(1)

The appropriate fee.

(2)

The reason for removal of trees.

(3)

A scaled aerial photograph (one inch equals 200 feet or greater) indicating:

a.

Property boundaries.

b.

An overlay of proposed improvements at the same scale.

c.

Inventory of all individual trees, other than nonpreferred trees (per chapter 110 of this land development code, pertaining to landscape and tree protection), which are six inches DBH or greater, including DBH of each tree, and its common name.

(4)

A tree survey indicating trees which are 24 inches DBH or greater and have been horizontally located by a surveyor.

(5)

Provisions for replacement trees, as required in chapter 110 of this land development code, shall also be specified, including landscaping plans.

(h)

Criteria for issuance. No clearing and tree permit shall be issued unless the reviewer finds that at least one of the following criteria has been satisfied with respect to each existing tree on the acceptable plants list over six inches DBH that is to be designated for removal under the permit.

(l)

The tree is located within an existing or proposed right-of-way.

(2)

The tree is located within an existing or proposed easement or stormwater management system.

(3)

The tree is located where its continued existence would unreasonably interfere with the physical construction of the improvements onsite and there is no reasonable way to reconfigure any yet to be constructed improvements to preserve the tree.

(4)

The tree is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes, and relocation of the tree on the site is not a feasible alternative.

(5)

The tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site.

(6)

The tree is diseased or injured.

(7)

The tree is located on the portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas, provided that reasonable effort has been made to preserve existing trees over six inches DBH on the acceptable plants list to the extent feasible.

(8)

The tree is located on a portion of the site where structural development is proposed, provided that reasonable effort has been made to preserve existing trees over six inches DBH on the acceptable plants list to the extent feasible.

(9)

The tree is less than or equal to fifteen inches DBH, the tree is replaced on the same property with a tree that is at least twenty-five percent of the DBH of the tree removed, and the total trees on the property after the replacement tree meets or exceeds the minimum tree requirements of chapter 110 of the city land development regulations.

(i)

Permit expiration. The clearing and tree permit shall specifically identify which trees shall be permitted to be removed. Such permit shall expire either at the time of the issuance of the last certificate of occupancy for the subdivision or at the time of issuance of the certificate of occupancy for any commercial, industrial, residential or other structure. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application.

{j)

Tree removal requirements. A clearing and tree permit authorizes the removal of trees specified within the permit; however, all trees specified within the clearing and tree permit need not be removed by the applicant.

(k)

Tree replacement requirements. Tree replacement requirements shall be as specified in chapter 110, pertaining to landscaping and tree protection.

(l)

Final inspection. After all proposed clearing has been completed, and all required tree and soil preservation measures have been implemented, an authorized representative of the city shall make a final inspection to verify that all work has been completed in compliance with the permit and this land development code.

(LDC 1997, ch. 4, § 1.11; Ord. No. 2012-14, § 1, 10-16-2012 ; Ord. No. 2016-01 , § 1, 6-7-2016)