§ 158.39  TREESCAPE PLAN PROCESS.
   (A)   Review and approval. The Building Official or his or her designee will review the treescape plan and report and, upon completion, will make a recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission will recommend approval or disapproval of the treescape plan to the City Council. Upon receiving the Planning and Zoning Commission's recommendation, the City Council will consider the treescape plan for approval. The City Council will approve or disapprove the treescape plan and may hear appeals of the Commission's decision.
   (B)   Plan requirements and application.
      (1)   A treescape plan shall be initiated by making an application to the Building Official or his or her designee.
      (2)   A treescape plan shall accompany all preliminary plats and final plats. Fees for the review of a treescape plan, when submitted in conjunction with a preliminary or final plat, shall be included as a part of the platting fees. The platting fees shall be determined and set by the City Council.
      (3)   If a property owner determines that no protected trees exist on the properly being platted, the property owner may submit a letter certifying that no protected trees exist on the property. This letter will be accepted by the city upon the applicant's acknowledgment and understanding that if it is later determined that protected trees do exist on the property, the violation provisions and fines of this subchapter will be in full force and effect.
      (4)   As part of the review process, the city may request changes or adjustments in the layout or design of the development to save protected trees.
      (5)   The application and treescape plan shall be accompanied by a written explanation indicating the reasons for the removal of any protected trees.
      (6)   A treescape plan shall be submitted to the Planning and Zoning Commission any time three or more protected trees are to be removed. The fee for review of treescape plans shall be determined and set by the City Council.
   (C)   Identification. At the time of submission of a treescape plan, the applicant shall clearly flag all protected trees with bright red fluorescent vinyl tape at least four feet above the ground.
(2005 Code, § 13-2-5)  (Ord. 200825A, passed 8-25-2020)