(A) Homestead. The owner of property which is used for an individual residence or homestead shall be exempt from the tree protection and replacement requirements specified herein.
(B) Property owned by home builder. All areas within the building pad, driveway, sidewalks, patios, septic tank and lateral lines, parking area, pool and associated deck area as shown on a plot plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. All other area of the lot shall be subject to these requirements.
(1) Permit requirements. A tree removal permit shall not be required for removal of a protected tree within an area noted above; however a permit must be obtained prior to the removal of any other protected tree on the property.
(2) Landscape Administrator review. A transparency showing all proposed improvements shall be required with the submittal of a building permit application. The transparency shall be on a sheet drawn to a scale as required by the Landscape Administrator or on a computer disk in the format of a commonly used Computer-Aided Design (CAD) program. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
(C) Agricultural property. The owner of property being actively used for agricultural purposes shall be permitted to remove up to seven protected trees per calendar year without obtaining a permit. Protected trees removed in excess of seven will require permits. It is not the intent of this chapter to prohibit the clearing of land for legitimate, agricultural use. The property owner shall request the Landscape Administrator to make an on-site inspection of the property to be cleared and provide the Landscape Administrator the purpose and reason for the clearing. If the Landscape Administrator determines the clearing of land to be for a legitimate, agricultural reason, he/she will issue a tree removal permit.
(Ord. 1220, passed 7-27-98) Penalty, see § 99.99