§ 152.292  EXEMPTIONS.
   The following shall be exempt from the requirements of this subchapter:
   (A)   The construction, reconstruction, expansion or modification of a detached single-family dwelling unit on an individual lot;
   (B)   The construction, reconstruction, expansion or modification of no more than two attached dwelling units; provided that, each unit is constructed with an individual driveway;
   (C)   The removal of any monumental tree that has become a hazardous tree or threatens to become a danger to human life or property. A tree is hazardous when it meets all of the following as determined by a certified arborist:
      (1)   It has a structural defect that predisposes the entire tree, or at least one-fifth or more of the tree’s crown, to structural failure;
      (2)   The DBH of the tree predisposed to structural failure is at least ten inches, or the diameter of the crown limb(s) predisposed to structural failure is at least eight inches at the largest point;
      (3)   The structural defect has a failure potential of “medium” or greater as described in the current edition of A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas, published by the International Society of Arboriculture, and cannot be remedied by an accepted arboricultural practice; and
      (4)   A target exists beneath or adjacent to the tree that could be injured or damaged, including but not limited to, pedestrians, vehicles, streets, sidewalks, buildings and other human-made structures.
   (D)   The necessary removal of monumental trees by a utility company within dedicated utility easements; and
   (E)   The removal of monumental trees causing the blockage or improper operation of storm water control facilities.
(Ord. passed 3-5-2018)