(A) Application. Applications for a tree permit shall be submitted to the Comptroller on a form provided by the Comptroller setting forth the following information:
(1) The applicant's name and address if different than the owner, and his or her interest in the property;
(2) Owner's name and address and the owner's consent to performing the regulated activity;
(3) Address or legal description of the property;
(4) Name, address and phone number of contractor or other person who will have the responsibility for the regulated activity;
(5) A written statement indicating the reason for the regulated activity;
(6) The tree name, including genus and species, size, location and condition of the tree(s) subject to the regulated activity;
(7) A tree preservation plan, if applicable, in accordance with § 100.007;
(8) A construction activity plan, if applicable, in accordance with § 100.006; and
(9) Such other data and information as the Comptroller shall deem necessary to allow full and fair consideration of the application.
(B) Conditions of approval. Except for street trees whose removal shall be considered by the Board of Trustees, the Comptroller or his or her designee shall consider and may approve all requests for tree removal if one or more of the following conditions are present:
(1) Tree emergency. Necessity to remove trees as a result of any tree emergency as defined in § 100.005 and in accordance with the procedures set forth in that section;
(2) Diseased or weakened trees. Necessity to remove trees harboring harmful insects or disease(s) that constitute a threat to other trees, or trees weakened by age, storm, fire or other injury;
(3) Adherence to good forestry practices. Necessity to observe good forestry practice, i.e. the number of healthy trees a given parcel of land will support or when removal will enhance a tree preservation area and the health of the remaining trees;
(4) Approved tree replacement or construction activity plan. A tree replacement or construction activity plan has been approved for the property; and
(5) Exhausted all efforts to save tree. In the event that the application is for tree removal, exhaustion of all reasonable efforts to preserve the tree.
(6) Invasive trees. The necessity to remove invasive trees in order to achieve goals of ecological restoration efforts. For the purposes of this subchapter, invasive trees include, but are not limited to, buckthorn, black locust, Siberian Elm, Chinese Elm, slippery elm, and box elder. At the discretion of the Comptroller, approvals to remove invasive trees may require the submittal of a replacement plan for the subject area.
(C) Denial of application. An application for a tree permit may be automatically denied, in the sole and absolute discretion of the Comptroller or his or her designee, for the following reasons:
(2) Impermissible activity. The proposed activity is impermissible under the provisions of this subchapter.
(3) Excessive scope. The proposed scope of the activity is excessive for the purposes listed in the application.
(D) Appeals.
(1) Appeal to Public Works Committee. Appeals from any decision of the Comptroller issuing or revoking a tree permit, denying a tree permit application, or granting or denying an exemption, pursuant to division (D) of this section, may be taken by an applicant or any other person adversely affected by any such decision. All such appeals shall be taken by the Board of Trustees by filing a written notice of appeal with the Comptroller within five days following receipt of notice of the Comptroller's decision from which the appeal is taken. Within 21 days following receipt of the written notice of appeal, the Board of Trustees shall meet and review the tree permit application and any other reliable and relevant evidence, documents, or information, and may receive and consider new evidence. Within 30 days after the Comptroller receives the written notice of appeal, the Board of Trustees shall render a decision to uphold, reverse, or amend the Comptroller's decision. The Comptroller shall notify the person who filed the appeal within two business days after such decision and provide a copy of the decision.
(2) Stay of regulated tree activities. The filing of a written notice of appeal pursuant to this section shall stay all regulated activity and other activity for which a tree permit subject to the appeal has been granted or sought.
(E) Term of tree permit; expiration and renewal. Tree permits shall have the same term, and be subject to the same expiration and renewal provisions, as are applicable to building permits.
(Ord. 7-5, passed 1-24-07)