(A) Permit required.
(1) No person, entity or corporation shall remove, or cause to be removed, any healthy trees eight inches in diameter or greater which are growing on private property in any zoning district, except as provided herein under § 153.32.
(2) Every tree which is eight inches in diameter or more, removed on underdeveloped land, shall be replaced with a four inches diameter trunk tree minimum species of the town forester’s choice at the affected site or at the option of the Forester purchased for the town’s “Tree Bank” program.
(`82 Code, § 7-9-11)
(B) Application for permit.
(1) Applications for permission to cut or remove a tree or trees, pursuant to division (A) above, shall be submitted to the Zoning Administrator on forms provided by him. There shall be no fee for the application or for a permit. The Zoning Administrator or his designated representative shall review the application and shall render a decision thereon in conformity with good forestry practice and the following standards:
(a) The health or condition of the tree or trees.
(b) Whether or not the removal of the tree or trees is justified by reason of its poor health or a dangerous condition of the tree or trees and/or construction or other proposed improvements on private property.
(c) Whether planned improvements on the private property could be modified so as to permit the non-removal of the tree or trees without incurring any unreasonable expense to the person developing the property.
(2) Each application shall include a plot plan showing the location of the tree or trees on the subject property and shall further include a statement of the reason for the request for removal.
(`82 Code, § 7-9-12)
(C) Issuance of permit. If the Zoning Administrator finds, pursuant to the standards expressed in this chapter, that a permit for the removal of a tree or trees should be granted, he shall grant the same within a reasonable time, not to exceed five working days from the receipt of the application. He may grant a permit in whole or in part, or attach conditions thereto as will effectuate the purposes of this chapter. Any permit granted hereunder is nontransferable and shall expire six months from the date of issuance. In the event a permit for tree removal is granted, in order to enable the applicant to carry out some project of development or improvement of his property, the permit shall be effective only in connection with the actual accomplishment of the project.
(`82 Code, § 7-9-13)
(Ord. 333, passed 3-9-89)