(A) Developers/subdividers must submit a tree affidavit or a tree preservation plan with their preliminary plats. However, a tree preservation plan must be submitted no later than when a building permit is requested. The trimming or pruning of trees is only allowed by permit and must be done by a certified landscape professional or arborist. Either a tree affidavit or tree preservation/removal permit is required for approval of final plats by the Planning and Zoning Commission or City Council. Any tree plan or survey which shows that protected or heritage trees will be removed shall be accompanied by a tree removal application and a plan for replacement pursuant to the tree replacement definition. The burden shall be upon the applicant to show the necessity for all trees being removed. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property regulated by this chapter without first obtaining a tree removal permit unless otherwise specified in this chapter, except as follows:
(1) Right-of-way owned or leased by a governmental entity as of August 1, 2012.
(2) Property owned or leased by a public utility excluding property used for administration offices or functions.
(B) Prior to approval of a planned development or a final subdivision plat, each subdivider or developer may contribute cash in lieu of replacing trees pursuant to the tree replacement definition under this section and may pay into the General Fund to benefit the Parks and Recreation Department of the city or any combination thereof as determined by the City Manager. The cash contribution in lieu of replacing trees shall be a negotiated value subject to the approval of the City Manager based on the number, value, character, size, and age of trees removed. All cash contributions shall be evaluated on a case-by-case basis. Cash contributions received by the city shall be received by the City Manager and forwarded to the Director of Finance. The Director of Finance shall deposit the funds directly into the General Fund to benefit the Parks and Recreation Department of the city, as established by the City Council.
(Ord. 12-1058, passed 7-19-2012; Ord. 23-1313, passed 5-11-2023)