Trees and woodlands on vacant lots or lots already developed, built upon, and occupied.
A. Tree Permit Required: For removal or relocating of trees eight inches (8") or larger DBH or groves under the definition of woodlands with trees three inches (3") or larger DBH, the conditions under which a permit may be issued include, but will not be limited to the following:
1. Removal due to interference with the location or relocation of a parking lot, driveway, sidewalk, patio, deck, garden, fruit trees, swimming pool, and other structures.
2. Removal due to interference with the safe performance of planned, contemplated or existing underground or overhead utilities including water and sanitary and storm sewer lines, gas pipes, and telephone and electric poles and wires.
3. Removal in no-conservancy areas if the trees in a yard have matured to a point they are blocking reasonable light and air reaching the yard and patio areas of the house or housing unit.
4. Removal due to damage or injury to the extent that the tree is likely to die or become diseased.
5. Removal will avoid or alleviate an economic or health hardship of another nature on the property.
6. Removal is consistent with good forestry practice.
7. Removal will enhance a tree preservation area and the health of the remaining trees.
B. Exceptions: The permit requirements set forth in Section 9-5-5 below shall not apply to:
1. Emergencies involving, but not limited to, tornados, wind storms, floods, freezes or other natural disasters.
2. Trees which have become, or immediately threaten to become, a hazard to persons, property or other vegetation and require immediate removal or destruction. The Building and Zoning Official may grant immediate verbal authorization by on-site inspection confirmed later with the issuance of a tree removal permit for record purposes.
3. Diseased, dead or dying trees as confirmed by the Building and Zoning Official and when necessary by a designated plantsman.
4. All active orchards and State or government-approved tree nurseries shall be exempt from the terms and provisions of this Chapter, but only in relation to those trees which are planted and growing for sale or intended sale to the general public in the ordinary course of business or for some public purpose.
5. Tree removal in areas designated as building pads and/or building envelopes on approved plats of subdivision.
6. Removal of invasive, exotic species such as European Buckthorn or Eurasian Honeysuckle, and Village or State designated nuisance trees shall not require a tree removal permit. (Ord. 96-32, 10-7-1996)