919.03 PERMIT.
   (a)   The application for any permit required hereunder shall be made in writing to the Director upon forms furnished by him and shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and species of any tree or trees affected. The permit shall be effective for such length of time as the Director shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the discretion of the Director upon finding that the terms and conditions upon which the permit has been issued are or have been violated.
   (b)   No person shall interfere with such person or persons as are directed by the Director to carry out the provisions of this chapter or who may be directed to do any of the work ordered to be done hereunder.
      (c)    The Director of Public Works may issue a permit to remove or cut down a tree when one of the following applies:
      (1)   The tree is damaged or diseased to an extent that it is unlikely to survive or presents itself in such a diminished form so as to noticeably misrepresent the species.
      (2)   Damage is inflicted to the root system by machinery, storage of materials and/or soil compaction.
      (3)   The natural grade is changed above or below the root system or around the trunk.
      (4)   Damage is inflicted on the tree that would permit fungus or pest infection.
            (5)    The tree is excessively pruned or thinned.
            (6)    Areas are paved with concrete, asphalt or other impervious material within such proximity to the tree as to be harmful to the tree.
            (7)    The tree species is nearing the end of its predictable age and it is desirable to replace it with a younger tree.
            (8)    The tree has been placed in an area that, due to the size or shape of the tree, or the size of the area where it is planted, it is unlikely to remain healthy or is likely to cause significant damage to public infrastructure.
            (9)    The Director deems, at his discretion, that a tree should be removed.
      (d)    Subject to the additional requirements of this subsection, the Director shall issue a permit for the removal of a tree which is defined in Section 1162.02(A)(34) as an "undesirable tree."
      (1)    The tree shall be timely replaced within the planting season with a species identified on the Master Street Planting List and as approved by the Director in accordance with Administration guidelines, for including size, species, and location appropriateness.
      (2)    The property owner shall be solely responsible for all expenses of tree removal and replacement.
      (3)    The Director is authorized as a condition of permit approval to obtain assurances that the property owner will comply with the permit conditions, inclusive of contracts for removal and replacement as well as proof of financial ability. (4) No more than 15 total permits may be issued in any calendar year.
     (e)   The Director shall indicate that removal of a tree shall include the entire tree and tree stump and may require the replacement of the tree as a condition for approval.
(Ord. 22-O-072. Passed 10-4-22.)