§ 102.06 PERMITS.

   (A)   A permit shall be obtained from the Division prior to planting, tree maintenance, tree encroachment, tree removal or replacement of a public tree in accordance with this chapter and Division standards, except as stated in § 102.07. Permits may be issued on an area-wide basis for all activities occurring in a designated area and for a period of up to two years pursuant to applications by homeowner associations and other qualified organizations. Permits involving public utilities are addressed in § 102.08 below and are not subject to this § 102.06.

   (B)   The party seeking the permit shall indemnify and hold harmless Louisville Metro Government, its officers and employees, from any loss, liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the work to be done pursuant to the permit.

   (C)   Permits under this chapter, other than public utility permits under § 102.08, shall be issued by the Division without charge.

   (D)   Tree removal.

      (1)   Circumstances in which a permit for the removal of a public tree may be issued include, but are not limited to the following:

         (a)   Threat to public safety;

         (b)   Threat to the health of other trees in the community;

         (c)   Any tree planted after the effective date of this chapter that is located in violation of the policies and standards of the Division and should be replaced by a tree in compliance with the policies and standards of the Division; or

         (d)   Tree is of a species identified for active removal or elimination on the current Permitted and Prohibited Tree Species Listing.

      (2)   Unless waived by the Division the tree removal permit will be conditioned upon the replacement of the public tree in accordance with the standards of the Division at a location approved by the Division, which may be in a different location than the removed tree. If the person fails to replace the public tree, the Division may fulfill the replacement requirements and recover its costs in doing so from the person who removed the public tree.

   (E)   All activity authorized by a permit shall be performed in compliance with Division standards and proper arboricultural practices, including required certifications from the State Department of Agriculture for herbicide application.

   (F)   The requirements of § 97.051 relating to cross-visibility at intersections shall apply unless excepted from those requirements pursuant to § 97.052.

(Lou. Metro. Ord. No. 221-2017, approved 12-14-2017)