(A) Requests for permission to remove existing trees planted within swale areas by an owner of property adjacent to the swale area where such tree is located may be submitted to the Director of the Department of Planning and Development Services when the trees which are requested to be removed fall within one or all of the following criteria, provided alternative solutions to save the tree(s) cannot be applied:
(1) Located within 25 feet of any intersecting street, measured from the point of intersecting right-of-way lines of such streets.
(2) Located within 25 feet of any public storm drainage structures or drainfields, street lights or fire hydrants.
(3) Located within 10 feet of any intersecting alley.
(4) Located within 25 feet of a commercial or industrial driveway.
(5) Located underneath overhead utilities in a manner which in the opinion of the city and utility staff represents potential damage to such utility which cannot be overcome by acceptable pruning procedures.
(6) Documented proof of existing or unpreventable potentially hazardous damage to an adjacent sidewalk, structure or other condition.
(B) The Director shall, within ten working days of the receipt of such request, approve or deny the request based upon compliance with the above-listed criteria. In connection with the approval of a request for removal of existing trees, the Director may assign conditions requiring the replanting of replacement trees with a cumulative total trunk diameter up to the diameter of the tree requested to be removed on other swale area or public adjacent private property. The appeal procedures set forth in § 155.52 of this subchapter shall also apply to determinations made pursuant to this section.
(‘72 Code, § 17-58) (Ord. O-74-129, passed 12-4-74; Am. Ord. O-79-62, passed 11-19-79; Am. Ord. O-90-06, passed 1-17-90; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2004-06, passed 1-21-04; Am. Ord. O-2011-15, passed 5-4-11)