(A) Permit required. It shall be unlawful for any person, partnership, corporation or other legal entity, including a public or private utility and a city, county or state, or any employee thereof, to plant, remove, prune, trim, treat, damage or disrupt public arboriculture, above ground or within the critical root zone, without first having obtained a public arboriculture permit to do so from the Public Works Department of the city.
(B) Permits generally. Permits are not required for work performed on public arboriculture by city employees, or for public utilities that follow the requirements of division (E) below. Permits are also not required for watering or mulching street trees, but these should also be done in accordance with the city’s best management practices.
(C) Permit requirements.
(1) (a) Application for a permit shall be made on forms prescribed by the Public Works Director and submitted a minimum of ten business days prior to any proposed work. The application shall contain:
1. The name, mailing address and contact information for the applicant;
2. A statement or plan identifying the location and scope of work for the proposed planting, removal, pruning, trimming, treatment or changes to the immediate area of public arboriculture;
3. A digital image of the impacted area under the proposed work plan;
4. The name and address of the owner of any abutting property;
5. The name and qualifications of the individual doing the work;
6. The protective measures that will be utilized to minimize damage to the public arboriculture being addressed;
7. Identification of any overhead utilities in the work zone; and
8. Any other pertinent information which the Public Works Department may require.
(b) Permit applications will be evaluated utilizing the city’s most recent best management practices document. Reference copies of the best management practices will be on hand in the City Clerk’s office, the Public Works Department and posted to the city’s website.
(2) The Public Works Department, before issuing any permit, shall determine that the workmanship and method proposed in the permit application are satisfactory.
(3) Work authorized by said permit shall be completed within the time specified and in the manner described.
(4) Any permit shall be void if any of its terms are violated and the civil fines prescribed in this chapter may be applied.
(5) Failure to comply with any of these standards and conditions shall be adequate grounds for the denial of a permit application.
(D) Denied permit appeal process.
(1) Upon determining that an application for permit is to be denied, the Urban Forester shall state the basis for such denial in writing, including the criteria upon which the denial is predicated.
(2) All applicants for permits under the provisions of this chapter shall have the opportunity to submit a written appeal, to the Public Works Director within five business days of the initial permit denial. The Public Works Director will have five business days for a response on the appeal.
(3) A hearing before the City Manager, or his or her designee, may be requested, if the Public Works Director upholds the initial denial. All hearing requests must be submitted within five business days of the Public Works Directors decision. The hearing shall be held within 30 days of the request. Utilizing the decision making criteria of this chapter, the City Manager, or his or her designee, shall weigh the testimony and evidence submitted by the appellant and the Urban Forester, and uphold, reverse or remand to the Urban Forester for further consideration stipulating certain facts.
(4) A hearing before the Board of Commissioners may be requested, if the City Manager, or his or her designee, upholds the initial denial. All hearing requests must be submitted to the City Clerk with a copy to the City Solicitor within five business days of decision by the City Manager, or his or her designee. The hearing shall be held within 30 days of the request. Utilizing the decision-making criteria of this chapter, the Board of Commissioners shall weigh the testimony and evidence submitted by the appellant and the Urban Forester, and uphold, reverse or remand to the City Manager for further consideration stipulating certain facts.
(E) Limited permitting exceptions.
(1) Emergency removal or pruning. In the case of emergencies, if immediate removal or pruning is required to protect the health and safety of the public or to restore order in the city, work to mitigate the immediate hazard may be performed on public trees, shrubs and other plants under the city’s jurisdiction without a permit. Only the work required to remove the immediate hazard shall be performed and the Urban Forester shall be notified as soon as possible. Decisions regarding any further work shall be made by the Urban Forester.
(2) Limited permitting exception for utilities. Public and private utilities operating under the jurisdiction of their respective city franchise agreements or contracts with the city may, without a public arboriculture permit, perform such maintenance and construction, including street tree pruning, as may be required to provide utility service in the city or comply with the public safety regulations under which they operate. However, a utility must notify the Urban Forester of such work at least ten working days before undertaking the work, unless an emergency exists. Work in, on and around the public arboriculture shall conform to the Urban Forestry BMPs and any other applicable public arboriculture regulations related to public or private utilities. The Public Works Director shall have the authority to stop or modify any work in, on or around the public arboriculture that does not conform to these BMPs. Nothing in this division (E)(2) shall be construed to waive requirements for any other permits applicable to maintenance and construction involving or impacting public arboriculture.
(3) Road and/or sidewalk projects. Individual permits will not be required for city, county or state road and/or sidewalk projects as long as tree preservation and protection requirements, conforming to the urban forestry BMPs, are included in the project plans.
(Ord. O-20-20, passed 9-15-2020) Penalty, see § 51.99