(A) At no time shall any parkway tree be removed to allow for the installation or portion thereof, of any driveway; provided, however, that the property owner may request in writing that the Mayor and City Council waive this prohibition upon a finding of undue hardship.
(B) Where an undue hardship is determined, in the sole and absolute discretion, by the Mayor and City Council, this provision may be waived, for removal of the tree.
(C) The Mayor and City Council may require that the property owner:
(1) Reimburse the city for the current fair market value of the tree that is removed; or
(2) Replace the parkway tree with the same or similar species with approximately the same caliper width.
(Ord. 2006-06-0038O, passed 6-27-2006)