(a) Permit Required. It shall be unlawful to clear any parcel consisting of one or more lots and having a gross acreage in excess of one (1) acre without first having obtained a tree clearing permit, except for the following activities:
(1) Construction and maintenance of roads, drainage ditches and swales located in platted or dedicated public or private rights-of-way, and utility or drainage easements.
(2) Minimal clearing of sight lines less than five (5) feet wide for surveying purposes.
(3) Minimal clearing for the maintenance of property access and for recreational pursuits such as golf, fishing, nature trails, boardwalks and wildlife observation.
(4) All tree nurseries shall be exempt from the terms and provisions of this chapter in relation to those trees planted or growing on their premises which are so planted or growing for the sale or intended sale to the general public or in the ordinary course of the grower's commercial business.
(5) Trees posing a threat to the safety of persons or property or that are dead, diseased, structurally weak or hazardous.
(7) Removal of ten (10) or fewer trees within any consecutive twelve (12) month period for a residential lot containing a residence.
(b) Application. Application for a tree clearing permit shall be filed with the Economic and Community Development Department and shall contain:
(1) A legal survey or tax map of the parcel to be cleared.
(2) The name and address of the applicant and relationship to the owner.
(3) A description of the method to be used in clearing operations.
(4) A topographic map, if necessary.
(5) A tree clearing plan, which shall contain the following information:
A. A graphic diagram draw to scale and showing the size and boundaries of the affected property;
B. The approximate size and location of all trees on the affected property which have a diameter at breast height of six (6) inches or more and showing which of those trees will be removed by the clearing operation and further showing the areas of the affected property which will be cleared of substantially all trees; and
C. For areas to be cleared in excess of five (5) acres, a current aerial photograph of the subject area (1" = 200') with overlay indicating the area to be cleared may be substituted for the graphic design.
(6) A twenty-five ($25.00) dollar fee plus twenty-five dollars ($25.00) per acre or portion thereof from which trees are to be removed. Where work for which a permit is required by this chapter is started prior to obtaining the permit, the fees herein specified shall be tripled, but the payment of a tripled fee shall not relieve any person, firm or corporation from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein.
(c) Review. Review of the tree clearing application shall be by the Department of Planning and Development.
(d) Standards for Review. In review of applications for tree clearing permits, the City shall consider:
(1) Preservation of trees to the maximum extent possible, consistent with reasonable development of the parcel.
(2) The applicant's proposals for protection and preservation of desirable tree species during and after the tree clearing process.
(3) The federal, state, and local permit and ordinance requirements to change existing ground elevations.
(4) Stabilization of disturbed soils to prevent erosion.
(5) Plans for tree replacement or reforestation, as required by subsection (e) hereof.
(e) Replacement of Trees and Reforestation. The following provisions shall apply to any tree clearing permit issued pursuant to this chapter:
(1) Trees identified as desirable trees shall be replaced with an equal number and variety of desirable trees, which shall be at least six (6) feet tall at the time of planting.
(2) The applicant shall be responsible for the maintenance and health of any trees planted or relocated for one (1) year from the time of planting.
(3) If, prior to the commencement of the land clearing operation for which permit is sought, the applicant is able to demonstrate to the City that, because of unique circumstances or hardship, the replacement of tree species may be unreasonable or unwise, the City may waive the tree replacement requirements of this chapter and, in the alternative, impose those permit conditions on the applicant as in the opinion of the City are reasonable and consistent with the intent of this chapter and instead consider the following alternatives to tree replanting:
A. Planting seedlings or tree species of a size less than six (6) feet tall at the time of planting;
B. Grass seeding and mulching the cleared area to provide a ground cover and stabilize the soil;
C. Seeding with tree seeds of desirable tree species;
D. Planting or seeding of trees on off-site areas; and/or
E. Contribution to a reforestation fund, said amount to be determined by using the "Guide for Plant Appraisal" (official publication of the International Society of Arboriculture).
(f) Right to Impose Permit Conditions. The City may impose upon any tree clearing permit any conditions as are necessary to accomplish the standards set forth in this chapter.
(g) Appeal of Decisions. If the tree clearing permit is denied, the property owner may appeal said denial to the Board of Building and Zoning Appeals.
(Ord. 09-0-24. Passed 5-19-09; Ord. 18-O-075. Passed 9-4-18.)
(Ord. 09-0-24. Passed 5-19-09; Ord. 18-O-075. Passed 9-4-18.)