(a) Upon submission of a Tree Clearance Permit application and a Tree Replacement Plan, the Director of Economic and Community Development or their designee may approve the cutting down, removal, or destruction of a major tree when the tree interferes with the proper development of the parcel or lot, provided that the parcel or lot is the subject of application for approval of a zoning certificate, development plan, variance or conditional use permit; such application is approved; and one of the following applies:
(1) The tree is located within a proposed public right-of-way.
(2) The proposed structure cannot be located in a manner to avoid removal of the tree and, at the same time, permit the desirable and logical development of the lot.
(3) The tree is located within the area of a proposed driveway that will service a single-family or two-family home or is within the area of a proposed access drive that will service dwellings in a planned residential development, multi-family development, or planned multi-family development.
(4) The tree is damaged or diseased.
(5) The tree is an undesirable species in its present location.
Approval to remove a major tree does not remove the property owner' s responsibility to replace the removed tree, which shall be a condition of approval, as detailed in the approved Tree Replacement Plan.
(b) Removal. A tree shall be deemed removed if one or more of the following occurs:
(1) Damage is inflicted to the root system by machinery, storage of materials, and/or soil compaction.
(2) The natural grade is changed above or below the root system or around the trunk.
(3) Damage is inflicted on the tree that would permit fungus or pest infection.
(4) The tree is excessively pruned or thinned.
(5) Areas are paved with concrete, asphalt, or other impervious material within such proximity to the tree as to be harmful to the tree.
(Ord. 2024-19. Passed 4-16-24.)