A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances. The burden of proof as a qualified exemption is upon the remover of a tree. It is highly recommended that qualification as an exemption be determined with the Landscape Administrator prior to removal of any tree.
(A) Preexisting conditions. All construction activities for which final construction plans and building permit applications have been submitted prior to the effective date of this chapter shall be exempt.
(B) Diseased trees. The tree is diseased, damaged beyond the point of recovery or in danger of falling as determined by the Landscape Administrator prior to the removal of the tree. The removal of a diseased tree by the city or an individual is required to reduce the chance of spreading the disease to adjacent healthy trees.
(C) Public safety. The tree endangers the public health, welfare or safety and immediate removal is required.
(D) Utility service interruption. The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
(E) Landscape nursery. All licensed plant or tree nurseries shall be exempt from the requirements of this chapter as they pertain to those trees planted and growing on the premises of the licensee that are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business.
(Ord. 1220, passed 7-27-98)