A.
.
are those identified and adopted by
ordinance, and are subject to this section in addition to any requirements set forth in this article.
B. When
is proposed within a significant
or when
are located within a
proposed for
, a
protection plan pursuant to § 17.5.115 shall be submitted for approval. If justification for removal is based upon the health of the
, and a visual inspection by the
cannot establish that the
is dead or seriously diseased, the
shall hire a certified
or pay a fee established by the
so that an
can be hired to inspect and evaluate the health of the
.
C. Criteria. The permit for
or removal shall be granted if any of the following criteria have been met.
1. The
is dead or diseased. Criterion 1 shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the
. Criterion 1 is to determine if
or removal is appropriate, and shall not be used to require treatment of the
.
2. The
has lost its significance in terms of its original designation due to damage from natural or accidental causes, or if some other reason can be established that it is no longer of historic significance.
3. The
is unsafe to the occupants of the property, an adjacent property or the general public.
4. The proposed removal is part of a
project; and
a. The removal is for a public purpose, and there is no alternative without significant cost or safety problems as determined by the CFC; or
b. Protecting register
results in a
reduction of over 15%, or an increase in costs of 15%. If this is documented, the allowed
removal shall be the minimum required to reduce the impact on
and/or costs to less than 15%.
D. Issuance of permit. All permits for removal shall be issued with the following conditions attached:
1. Any
shall be removed or pruned following professional standards. These standards shall be provided to all
at the time the permit is issued.
2. It is the responsibility of the
to ensure that all protected
are removed or pruned in a manner that ensures safety to individuals and public and private property.
3. Other conditions (such as one or more replacement
) shall be attached in keeping with the purpose of this section.
E. Relative value. The relative significance and historic value of the
(based on the Manual of Tree and Landscape Appraisers), as determined in the
or other study, shall be considered in evaluating the need for removal or
requirement.
F. Referral and
. The
may refer the review to the CFC. The
may also request a recommendation from the Historic Landmarks Board if the permit request involves
with historic significance. A decision of the
may be appealed to the CFC.
of the CFC decision shall go directly to the City
within the time periods and procedures as set forth in §§ 17.1.200 et seq. of this Code.
(Ord. 2009-01, passed 3-9-2009; Ord. 2019-05, passed 6-24-2019)