§ 50-21. Permit review and approval.

(a)

Except as otherwise provided herein, on and after the effective date of the ordinance from which this article is derived, no person shall remove any protected tree equal to or greater than six inches in diameter without a tree removal permit from the city.

(b)

Land in which a valid building permit has been issued or executed prior to the effective date of the ordinance from which this article is derived is not subject to these regulations.

(c)

Permits for removal or replacement of trees covered in this article shall be obtained by making application on a form provided by the city. The application shall be accompanied by a tree inventory site plan as defined herein.

(d)

The city engineer shall determine whether the permit is subject to these regulations. Acceptance of a tree removal permit for the limited purpose of such review shall not constitute acceptance of the permit. In the event the city engineer determines that an application is subject to the regulations of this article, the city engineer shall be responsible for the review and approval or disapproval of all requests for tree removal permits. The city engineer shall review the permit application, perform an on-site analysis of the site and trees, and make a determination if any trees can be removed using the following criteria:

(1)

The protected tree is located in a public utility easement, public access easement or public street right-of-way as recorded on a plat and accepted by city council, and removal would be in compliance with current city codes.

(2)

The protected tree is in an unsafe condition, or is injurious to the common good, or to sewer pipes, pavements or improvements, or is infested and dangerous to other trees.

(e)

The city engineer may approve a tree replacement plan that provides a one-diameter inch per one-diameter inch tree replacement when mature or protected trees are removed outside the building requirements listed in subsections (d)(1) and (2) of this section. The tree replacement plan will set a minimum of three-inch diameter tree as a replacement tree, and such replacement trees shall be from the list of approved replacement trees as listed below. All preserved trees will count toward the project's landscape requirement without regard to location or limitation to substitution of trees for shrubs.

(f)

In order to encourage the preservation of existing trees six caliper inches in size or over, if the area within the drip line of trees is protected by fencing during grading and construction and the tree caliper inches preserved shall receive double credit toward the required landscape area.

(Code 1994, § 3.703; Ord. No. 470, § 1, 6-8-2009)