(A) Regular permits.
(1) A permit shall be obtained from the Forest Board, and issued by the City Clerk, prior to
planting, tree maintenance, tree encroachment, tree removal, or replacement of a public tree in accordance with this chapter, except as stated in division (C) of this section. Permits involving public utilities are addressed in § 93.10 of this chapter and are not subject to this section.
(2) Instances requiring a permit:
(a) Tree removal. Circumstances in which a permit for the removal of a public tree
shall be issued include, but are not limited to the following:
1. The public tree is a threat to public safety;
2. The public tree is a threat to the health of other trees in the community; or
3. If a tree planted after the effective date of this chapter is in violation of the policies and standards of the Forest Board, said public tree shall be replaced by a tree in compliance with the policies and standards of the Forest Board.
Unless waived by the Forest Board, approval of a tree removal permit will be conditioned upon the replacement of the tree in accordance with the standards of the Forest Board at a location approved by the Forest Board, which may be in a different location than the removed tree. If the permit recipient or property owner fails to replace the tree, the Forest Board may fulfill the replacement requirements and recover its costs in doing so from the property owner or other entity that removed the tree.
(b) Pruning. A permit for the pruning of a public tree shall be issued for pruning of limbs pruned in accordance with standards set forth by the Forest Board when said limb is:
1. Interfering with normal flow of pedestrian traffic;
2. Obstructing cross-visibility at any street comer or intersection;
3. Obstructing visibility of traffic control devices, signals, or permanent signs;
4. Touching a home or structure; or
5. Pruned to remove dead wood in the crown of the tree or pruned to thin the crown when approved by an arborist in compliance with proper arboricultural practices.
(3) The party seeking the permit shall indemnify and hold harmless the city, its officers and
employees, from any loss, liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the work to be done pursuant to the permit.
(4) Permits under this chapter, other than public utility permits under § 93.10 of this chapter, are to be issued by the City Clerk without charge.
(5) All activity authorized by a permit shall be performed in compliance with the Forest Board
standards and proper arboricultural practices.
(B) The permit process.
(1) Permit request. The property owner wishing to seek a permit shall call the City Hall Clerk
or visit the website for the city in order to obtain and complete a permit application.
(2) Right-of-way determination. Once a permit application filed, the city’s Code Enforcement
Officer shall determine whether the subject tree is a public tree and thus subject to the provisions of this chapter.
(3) Consultation. If the City Code Enforcement Officer determines that the tree subject to the permit application is a public tree, the Forest Board Chairperson or designee shall contact the property owner to arrange a time to visit and evaluate the tree, further evaluate the permit application, and, if required by this chapter, determine a site for future re-planting and the type of tree to be re-planted.
(4) Pre-approval conditioned on proof of insurance or denial. The Forest Board Chairperson or designee, in consultation with the Mayor, shall decide whether to conditionally pre- approve or deny the permit application under the provisions of this chapter. Such decision will be provided in writing by the Forest Board Chairperson or designee to the property owner and the City Clerk. If the Forest Board Chairperson or designee, in consultation with the Mayor, denies the permit application, the property owner may appeal under division (E) of this section.
(5) Proof of insurance. If the permit application is conditionally pre-approved, the property owner may engage an entity with appropriate insurance to perform the tree service related to the permit. Before the permit may be approved, the property owner must first obtain written confirmation from the City Clerk that the entity contracted to perform the tree service related to the permit has appropriate insurance.
(6) Issuance. The City Clerk shall issue the permit in writing. Upon issuance, the permit must be displayed at the job site in such a manner that the permit is visible from the street.
(C) Exceptions to the regular permit process. Permits issued under division (A) of this section shall not be required for:
(1) Trees that are within the scope of a commercial development plan or landscape plan which
has received final approval from the Louisville Metro Planning Commission or authorized committee or staff thereof;
(2) Actions to be performed by the city, or a contractor for a Louisville Metro Government agency, provided any trees removed as part of these actions are replaced pursuant to the provisions contained herein;
(3) Emergency repairs by or at the direction of public utility providers that have entered into a public utility permit agreement with a Louisville Metro Government agency; and
(4) Routine tree watering and mulching.
(D) Emergency permit approval. A property owner may be eligible for an emergency permit under this section without complying with the regular permit requirements of divisions (A) and (B) of this section, upon the occurrence of the following:
(1) A tree is designated by the Police Department as an imminent threat, as defined in § 93.04 of this chapter.
(2) The Police Department documents and approves an emergency application;
(3) After the City Police is notified and documents and approves an emergency application, a
regular permit application is completed under division (B) of this section within 24 hours; and
(4) The proof of insurance required under division (B)(5) of this section is provided to the City
Clerk within 48 hours of the completed permit application referenced in division (D)(3).
(E) Appeals. Upon denial of a permit application under the above divisions, the property owner may request that the legislative body grant a variance to the provisions of this chapter under Chapter 150 of this code.
(F) Posting permits. No work requiring a permit hereunder shall commence until the permit holder or public utility shall have posted a permit card in the work area. Such card shall be preserved and remain posted until the work is completed.
(Ord. 8, Series 2019, passed 9-16-2019)