(A) It is the purpose of this section to regulate the removal of protected trees on developed property, when such removal is not associated with a regular development application.
(B) Such requests are typically related to routine maintenance and/or re-landscaping.
(1) Application required. An application shall be made in writing on a form furnished by the Department of Parks, Leisure and Community Services and shall be accompanied by the following information:
(a) A sketch showing the location(s), size (in diameter and approximate height), and species of tree(s).
(b) The applicant and/or property owner's name, address and telephone number.
(c) The name of the company or individual designated to remove the tree(s), their address, phone number (and business license number if applicable).
(2) Decision regarding permit application.
(a) Time of decision. The Department of Parks, Leisure and Community Services shall render a decision regarding the permit application within 10 working days after filing of a complete application.
(b) Criteria. In deciding whether to issue a permit, the Department of Parks, Leisure and Community Services shall consider the following criteria:
1. The condition of the tree(s) with respect to its health, proximity to existing structure(s), and the likelihood of future damage to said structure(s) and nearby utilities should the tree(s) not be removed.
2. The necessity to remove the tree(s) for reasonable use and/or enjoyment of the property.
3. The aesthetic impacts of tree removal in relation to the size and species of the subject and nearby tree(s). Typically the city will encourage the preservation of uniform street tree patterns where such patterns have long been estab-lished.
(3) Requirement for street tree replace-ment. In allowing for the removal of a street tree, the Department of Parks, Leisure and Community Services will require that a replacement street tree be planted. The property owner may select the species of the replacement tree, with tree selection subject to city approval.
(4) Special concern for landmark trees. Applications to remove landmark trees as defined by this section will require the mailed noticing of said application to all adjacent property owners. Decisions on landmark trees are to be made by the tree committee, which shall provide a 10 day comment period to allow neighbors to respond to the notice.
(5) Appeal. A person aggrieved or affected by the decision of the Department of Parks, Leisure and Community Services may ask that the city's standing Tree Committee, as defined by this chapter, review the permit applications. Should the Tree Committee not grant the permission to remove the tree(s), a further appeal may be filed with the Board of Administrative Appeals pursuant to § 1-4.01 of this code.
(Ord. 897-C-S, passed 10-25-94)