§ 153.33 PROHIBITED REMOVAL OR CUTTING OF NATIVE TREES.
   (A)   No person, entity or corporation shall remove or cause to be removed or intentionally destroy or injure any native tree in excess of six inches in diameter, measured 4.5 feet above ground level, from an undeveloped or developed parcel of land without first obtaining a permit from the Building Department, which shall bear the approval of the Zoning Administrator or his representative, except when necessary for construction of streets, driveways, utility lines and structures approved in a previously obtained building permit. Prior to any permit being issued for the removal of a native tree, the applicant shall provide a detailed explanation of why the tree needs to be cut or removed. The Zoning Administrator may also require submission of accurate photos and a diagram, plotting the tree or trees to be removed and those to remain, plus details of the applicant’s methods to control soil erosion, maintain drainage and abate dust problems.
   (B)   The applicant shall have the burden of providing sufficient information and details to enable the Zoning Administrator to review the tree removal permit application. If the Zoning Administrator is satisfied that the applicant’s proposal furthers the public welfare, or is not detrimental to the subject parcel or adjoining parcels, then the permit shall be issued within two working days for single-family residential.
   (C)   Any decision of the Zoning Administrator may be appealed to the Planning and Zoning Commission and to the Council for final review and action. On applications concerning commercial properties or multi-family, the Zoning Administrator may hold public hearings to provide public input prior to rendering his decision. In no event shall more than 45 days elapse between the date the completed application is submitted and the date the final decision of the Zoning Administrator is rendered.
(`82 Code, § 9-7-1) (Ord. 337, passed 9-14-89)