(A) Modifications to the requirements of this subchapter may be granted in writing by the Tree Board or Board of Adjustment in advance of any work being done due to extenuating circumstances.
(B) A review is required if the Administrator finds any of the following circumstances exist on the site, or surrounding properties such as:
(1) Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section;
(2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent effect;
(3) The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site and or the location of improvements of the site;
(4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity;
(5) Due to the location of utility and transmission lines, the landscaping requirements would be in conflict with the requirements of the utility company and verification of such conflict can be provided by the applicant;
(6) If, in the opinion of the Town Manager, the landscaping or screening required will interfere with traffic safety;
(7) Trimming of trees by the town or an approved agent as normal maintenance; provided, the trimming does not result in the mutilation, death or destruction of the tress;
(8) Any tree, which during a period of emergency or act of God must be removed so that it will in no way hinder public work to restore order in the town. Removal shall be by the town or its authorized agent(s);
(9) The removal of dead trees or dead portions of a tree. The owner of the property on which the trees are located bears the burden of proving that such trees or parts of trees were dead at the time of removal; and
(10) The removal or cutting of live trees or portions of live trees (i.e., limbs or branches) on private property under six inches in diameter and measuring four feet above ground (at its highest point) with the exception that provisions regulating clear-cutting as found in § 152.160 of this chapter must be followed.
(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)