(A) The provisions of this section shall apply to all land uses in all zoning districts, except for the building footprint and an area of five feet from this footprint. The trees within the building and the five foot area can be removed after an approved building permit has been issued. A separate tree permit for removal is not required.
(B) No person, entity or corporation in any zoning district shall remove, cause to be removed, destroy or injure any native tree with a diameter of six inches or greater, measured four and one-half feet above ground level, from an undeveloped or developed parcel of land without first obtaining a tree permit from the Building Department and approved by the Zoning Administrator, or designee, except where necessary for construction of streets, driveways, utility poles, and structures approved in a Town of Payson building permit, for the removal of trees, shall be issued.
(1) Prior to any permit being issued for the removal of a native tree or trees, the applicant shall provide a detailed written explanation of why the tree or trees need to be cut or removed.
(2) 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 proposed methods of controlling soil erosion, maintaining drainage, and abating dust problems.
(3) The applicant shall provide sufficient information and details to enable the Zoning Administrator to review the tree removal permit application.
(4) 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, and is in accordance with the provisions of this Code, the permit shall be issued.
(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 decisions of the Zoning Administrator are rendered.
(Ord. 466, passed 2-22-96)