(Title and Section Amended by Ord. No. 186,873, Eff. 2/4/21.)
No person shall relocate or remove any protected tree or shrub, as that term is defined in Section 46.01, where the protected tree or shrub is not regulated pursuant to Article 7 of Chapter I of this Code, without first having applied for and obtained a permit from the Board of Public Works or its designated officer or employee, except as otherwise provided in this section.
An application for a permit shall indicate, in a manner acceptable to the Board of Public Works, by number on a plot plan, the location of each protected tree or shrub, and shall identify each protected tree or shrub proposed to be retained, relocated or removed. If any grading is proposed that may affect the protected tree or shrub, a copy of the grading permit plan in compliance with Division 70 of Article 1 of Chapter IX of this Code shall be submitted with the application.
(a) Exemptions. The Board of Public Works shall exempt from and not require issuance of a permit for the relocation or removal of a protected tree or shrub where the Board is satisfied that:
1. The proposed relocation or removal of the protected tree or shrub has been approved by the Advisory Agency pursuant to Article 7 of Chapter I of this Code; or
2. The land upon which the protected tree or shrub is located has been the subject of a determination by the City Planning Commission, the City Council, a Zoning Administrator or an Area Planning Commission, the appeal period established by this Code with respect to the determination has expired, the determination is still in effect, and pursuant to the determination the protected tree’s or shrub’s removal would be permissible; or
3. A building permit has been issued for any property and is still in effect with respect to the property under consideration and its implementation would necessitate the removal or relocation.
(b) Board Authority. The Board of Public Works may grant a permit for the relocation or removal of a protected tree or shrub, unless otherwise provided in this section or unless the tree or shrub is officially designated as an Historical Monument or as part of an Historic Preservation Overlay Zone, if the Board determines that the removal of the protected tree or shrub will not result in an undesirable, irreversible soil erosion through diversion or increased flow of surface waters, which cannot be mitigated to the satisfaction of the City; and
1. It is necessary to remove the protected tree or shrub because its continued existence at the location prevents the reasonable development of the subject property; or
2. The protected tree or shrub shows a substantial decline from a condition of normal health and vigor, and restoration, through appropriate and economically reasonable preservation procedures and practices, is not advisable; or
3. Because of an existing and irreversible adverse condition of the protected tree or shrub, the tree or shrub is in danger of falling, notwithstanding the tree or shrub having been designated an Historical Monument or as part of an Historic Preservation Overlay Zone.
(c) Additional Authority. The Board of Public Works or its authorized officer or employee may:
1. Require as a condition of a grant of permit for the relocation or removal of a protected tree or shrub, that the permittee replace the tree or shrub within the same property boundaries by at least four specimens of a protected variety included within the definition set forth in Section 46.01 of this Code, in a manner acceptable to the Board. A protected tree shall only be replaced by other protected tree varieties and shall not be replaced by shrubs. A protected shrub shall only be replaced by other protected shrub varieties and shall not be replaced by trees, to the extent feasible as determined by the Advisory Agency, Board of Public Works (Board), or a licensed or certified arborist. When replacement concerns more than two protected trees or shrubs, the permit at issue shall be considered at a full public hearing at the Board. Each replacement tree shall be at least 15-gallon or larger, measuring one inch or more in diameter one foot above the base, and be not less than 7 feet in height measured from the base. The size and number of replacement trees or shrubs shall approximate the value of the tree or shrub to be replaced.
2. Permit protected trees or shrubs of a lesser size or trees or shrubs of a different protected species to be planted as replacement trees or shrubs, if replacement trees or shrubs of the size and species otherwise required pursuant to this Code are not available. In that event, a greater number of replacement trees or shrubs may be required.
3. Permit a protected tree or shrub to be moved to another location on the property, provided that the environmental conditions of the new location are favorable to the survival of the tree or shrub, and there is a reasonable probability that the tree or shrub will survive.