(A) (1) Requests for any city tree removal shall receive approval from the Tree Commission through a permit issued by the city prior to the removal of any city tree.
(2) EXCEPTION: Trees identified by the city as presenting immediate risks to the public health, safety and general welfare shall be exempt from the permitting requirements.
(B) Notice of the request will be sent by regular mail or hand delivered to the applicant and abutting property owners announcing the meeting.
(C) The applicant shall underwrite costs of removal. In some circumstances, the Tree Commission may require the applicant to contribute to the cost of tree replacement as a possible condition of a tree removal request.
(D) A city tree may be removed by a majority vote of the Tree Commission under one (1) or more of the following criteria only:
(1) Hazardous tree: identified as having a defect or fault that may cause injury or property damage if not removed, or is inappropriately located, including but not limited to:
(a) Dead or in advanced stages of decline.
(b) Structurally unsound - server bifurcation (split) with high chance of failure within the next five (5) years, excessive borer activity, excessive dead wood or decay, or heavy leaning.
(c) Diseased, damaged or in otherwise poor health with little prospect of recovery, including being unsightly or dangerous.
(d) Exposed roots having a high potential as a public hazard.
(e) Causing major damage to existing public or private infrastructure (where the project cannot be overcome by an engineering solution).
(f) Potential for tree or its roots to be irreparably damaged or otherwise made hazardous by a scheduled public construction project where the project cannot be reasonably re-routed away from the tree.
(g) Creating a dangerous hazard to the public because tree is leaning over roads/paths and/or blocking sight lines (where the problem cannot be corrected by pruning or an engineering solution).
(h) Tall tree species growing beneath overhead utility lines where pruning of the tree cannot produce an aesthetically or structurally suitable result.
(i) Undesirable tree species planted as an infill on an existing avenue.
(j) Tree that is known to cause major damage to public/private infrastructure and is planted within close proximity to such assets.
(k) Tree species that do not conform to the Tree Commission's recommended tree planting list and are deemed by the Commission as non-contributing to the streetscape, tree canopy or overall amenity of the site.
(l) Tree that is less than fifteen (15) feet in height, is loose in the ground and clearly not performing.
(2) The presence of special or extenuating conditions or circumstances, at the sole judgement and discretion of the Tree Commission.
(Ord. 2003-07-02, passed 8-13-03)