(a) General Exceptions. The terms and provisions of this chapter shall apply to any activity on real property which requires the issuance of a land disturbance permit and/or building permit within the City of Harrison. The requirements of this chapter shall be followed except:
(1) During a period of emergency, such as a tornado, ice storm, flood or any other such act of nature.
(2) If the failure to remove a tree/shrub would constitute an imminent danger to the environment, property, public health, safety or welfare due to the hazardous or dangerous condition of such tree/shrub.
(3) For necessary tree removal by a public agency or utility company within plotted or dedicated utility easements.
(4) Area upon which a permanent structure is located or will be located within a lot building area for all zoning districts.
(5) Golf course.
(6) Tree nurseries, botanical gardens and orchards.
(7) Dead, substantially injured or damaged trees/shrubs as verified by the Administrator.
(b) Removal of Diseased or Infested Trees/Shrubs. Upon the advice of the county extension service, in accordance with commonly accepted forestry practices and a finding of a tree disease or infestation, the Administrator may authorize the removal of trees/shrubs to prevent the transmission of disease or infestation, to prevent the danger of those trees falling, or to prevent the potential injury to life and property. The owner/developer, prior to the removal of the diseased trees, shall notify the Administrator, identify the location of the infested property, and shall submit to the Administrator the written finding of the county extension service.
(c) Zoning Ordinance Buffer Requirements. Existing trees/shrubs proposed to be retained or replanted to meet the buffer requirements of the Zoning Ordinance or conditions of zoning approval shall not be considered in fulfilling the requirements of this chapter. Trees/shrubs or other vegetation shall not be removed from a zoning buffer area except under the provisions as established by the Zoning Ordinance.
(Ord. 14-05. Passed 5-3-05.)