§ 35.097 CRITERIA AND PROCEDURE FOR DESIGNATION OF REGISTER TREES.
   (A)   The criteria for designation of register trees are as follows:
      (1)   Register Tree criteria. A tree may be recommended for Tree Register designation if the CFC finds:
         (a)   The tree has a distinctive size, shape, or location which warrants a significant status;
         (b)   The tree has a special botanical significance as a specimen in the city area;
         (c)   The tree possesses exceptional beauty which warrants a significant status;
         (d)   The tree is significant due to a functional or aesthetic relationship to a natural resource;
         (e)   Along with one of the above, the tree is significant based upon its association with historic figures, properties, or the general growth and development of the city.
      (2)   Grove criteria. A grove may be recommended for Tree Register designation if the CFC finds:
         (a)   The grove is relatively mature and evenly aged;
         (b)   The grove has a purity of species composition, is of a rare or unusual nature, or is an exceptional example of a type of forest such as riparian or woodland;
         (c)   The grove is in a healthy growing condition;
         (d)   The grove has a crucial functional and/or aesthetic relationship to a natural resource; or
         (e)   The grove has a historic significance based upon its association with historic figures, properties, or the general growth and development of the city.
   (B)   Update of Tree Register. Provisions shall be made for periodic updates of the Tree Register as required by changes in the number and condition of significant trees.
   (C)   Notification. Prior to the public hearings specified in division (D) below, each property owner of the tree(s) or grove under consideration for Register Tree status shall be notified by mail. The notice shall inform tree or grove owners that they can request in writing that the tree(s) on their property not be considered for Register status. Attached to the recommendation to Council shall be a list of current property owners who have requested their tree(s) not be placed on the Register. The notice shall also include, at a minimum, the following:
      (1)   A brief explanation of the existence and function of the city’s Tree Register;
      (2)   A statement that particular actions affecting the tree or grove will require prior review and action by the CFC or city staff, as provided in the Development Code;
      (3)   A statement that the CFC is available and willing to review on an informal basis any plans that may be prepared for work which might affect the tree or grove; and
      (4)   A statement that the city can provide resource materials and guidance in developing plans for work which may affect the tree or grove.
   (D)   Public hearings. The designation and updating of the Tree Register is classified as a Type IV procedure and is subject to all of the procedures and timelines outlined in § 17.1.710 of the Development Code. Designation requires public hearing before the following review bodies:
      (1)   Community Forestry Commission; and
      (2)   City Council.
(Prior Code, § 9.305) (Ord. 2009-04, passed 3-9-2009; Ord. 2020-04, passed 8-10-2020)