Loading...
(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)
ADMINISTRATION AND ENFORCEMENT
It shall be the responsibility of a Building Inspector to inform every applicant for a building or grading permit of the applicable restrictions of this chapter. No building or grading permit shall be issued by the town for any property subject to the provisions of this chapter unless a permit for tree removal, if required hereunder, is obtained concurrently. If a building permit is issued in the absence of a tree removal permit, and a tree removal permit is necessary under this chapter, the building permit shall be deemed void until such time as a permit for tree removal is obtained by the owner of the property.
(`82 Code, § 7-9-19) (Ord. 333, passed 3-9-89)
Any person adversely affected by a decision in the enforcement or interpretation of any terms or provisions of this chapter may appeal the decision to the Planning and Zoning Commission with final appeal and authority vested in the town.
(`82 Code, § 7-9-21) (Ord. 333, passed 3-9-89)
(A) Any person who violates any provision of this chapter shall be subject to a fine up to $2,500. Each instance of a tree which is removed, damaged or destroyed will constitute a separate offense.
(`82 Code, § 7-9-20) (Ord. 333, passed 3-9-89)
(B) Any person removing a native tree may, in addition to any other penalties be required to replenish the affected parcel with a new native tree for each native tree removed.
(`82 Code, § 9-7-2) (Ord. 337, passed 9-14-89; Am. Ord. 756, passed 3-5-09; Am. Res. 2714, passed 6-6-13; Am. Ord. 831, passed 6-6-13)