A. In no case can
within the public right-of-way that are deemed by the
to be healthy and pose no risk of property damage or personal injury be removed or topped. In addition, unless approved by a
permit or specifically exempted under § 17.5.110C. below, it shall be unlawful within any one year to modify protected
included in § 17.5.100 as follows:
1. Remove or prune as to remove over 20% of a
’s
;
2. Top a
; or
3. Disturb over 10% of the
of any protected
or
except in accordance with the provisions of this Code.
B. Permit requirements.
1. The
shall file an
for protected
removal or pruning with the
. The
shall include information on the location and size of the parcel, the location, type and size of the
or proposed for removal or pruning, and the reasons for the request. Where specified by this Code, a
protection plan shall be provided in accordance with the provisions of § 17.5.120. The
and reasons shall address appropriate criteria based on the categories in described in § 17.5.100 (i.e.,
,
on
, etc.).
2. Where an
involves infested
(s), the
shall contain an analysis of the
(s) by an
.
3. The
shall determine whether the request is valid under the terms of this Code within four working days of submittal of the
. If valid, the
shall be processed as a Type I permit within seven working days unless referred or appealed to the Community Forestry Commission (CFC).
4.
for the removal or pruning of
pursuant to § 17.5.125 shall be submitted as part of the land
permit
or grading permit, whichever is first. The
shall be reviewed and acted upon by the Community Forestry Commission prior to the issuance of any land
approval for new
or grading permit. Notice will be sent consistent with the Type II procedures with
to the City
.
C. Permit exemption. The following activities do not require a permit.
1. Imminent danger. If an imminent danger exists to the public or any property owner or occupant, the may issue an emergency removal permit. The removal shall be in accordance with accepted arboricultural standards and be the minimum necessary to eliminate the danger.
2. Penalty for incorrect danger assessment. If it is determined that imminent danger did not exist or that the hazardous condition had existed for over 60 days and the owner delayed in applying for a permit, shall be required as established in § 17.5.145 of this Code.
3. Maintenance. Regular maintenance which does not require removal of over 20% of the ’s , or disturbance of over 10% of the root system.
(Ord. 2009-01, passed 3-9-2009)