(A) General.
(1) Permits shall be obtained from the Zoning Administrator for all activity involving the planting, grading, removal and replacement of trees on city property, except as noted herein. Permits are also hereby required for all removal and replacement of regulated trees and historic trees.
(2) The Zoning Administrator shall review all requests for permits for the planting, grading, removal and replacement of trees and shrubbery on city property and the removal and replacement of regulated and historic trees. If the planting, grading, removal or replacement complies with the guidelines, the Zoning Administrator shall issue a permit and may attach reasonable conditions to the permit. If the plans do not comply with the guidelines, the permit shall be denied.
(a) Permits shall be valid for 60 calendar days.
(b) The town may require the replacement of trees in accordance with § 152.158 of this chapter as a condition of any permit.
(c) A copy of the permit shall be displayed in plain sight on the property where the trees are being cut.
(B) Permit procedure. The application for a permit shall be on a form provided by the town and signed by the property owner.
(C) Standards for granting permits.
(1) Public property trees. In determining whether a permit should be issued for the cutting of trees on public property, the Zoning Administrator shall consider the following criteria:
(a) The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services;
(b) The necessity to remove trees in order to construct proposed improvements to allow economic development of property adjacent to public property;
(c) The topography of land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface waters and coordination with the town’s drainage patterns; and
(d) The number of trees existing in the neighborhood on improved property. The Zoning Administrator shall be guided by the standards established in the neighborhood and the effect of tree removal upon property values in the area.
(e) The town may require the relocation or replacement of trees as a condition of issuing the permit, on a one-on-one basis, with replacement trees having a caliper of one and one-half inch dbh.
(2) Private property trees. The Zoning Administrator may issue a permit for the cutting of live trees or portions of live trees (i.e., limbs or branches) on private property when such trees are in excess of six inches when:
(a) The trees or portions of trees are within 15 feet of the existing main structure or main structure being constructed on the building site;
(b) The trees or portions of trees are within five feet of an approved septic tank or septic drain field;
(c) The trees or portions of trees are within five feet of a driveway or parking area, the location of which has been approved by the Zoning Administrator;
(d) The trees or portions of trees pose a hazard to the property owner and/or other residents;
(e) The cutting of the trees or portions of trees promotes the growth and development of other trees on the lot;
(f) The trees or portions of trees are diseased or damaged;
(g) The trees or portions of trees are within a temporary service route, as defined in this subchapter. Approval under these criteria shall require the replacement of trees on a one-for-one basis in accordance with § 152.158 of this chapter;
(h) The removal of trees or portions of trees not meeting the criteria set forth in divisions (C)(2)(a) through (C)(2)(g) above may be permitted pursuant to a landscaping plan that improves the property and is acceptable to the town. Such a plan shall be designed to minimize the injury, disturbance or removal of trees not necessary to achieve the specific objectives of the plan; and
(i) With regard to divisions (C)(2)(a), (C)(2)(b) and (C)(2)(c) above, for new construction no trees or portions of trees shall be cut pursuant to these criteria until the owner is ready to begin construction as evidenced by the issuance of a building permit.
(3) Detriment minimization. Permits may be granted for trees to be pruned or limbed for view enhancement. To attempt to minimize the detriment to the tree of these practices, the standards provided in American National Standards Institute (ANSI) A300 (Trees, Shrubs and Other Woody Plant Management, Part 1 - Pruning) shall be followed.
(4) Flag and photo required. All trees to be cut or trimmed must be clearly flagged and photo(s) taken.
(Ord. passed 3-14-2005; Ord. passed 5-1-2013; Ord. passed 2-13-2013; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 705)