(A) No person shall remove a tree on any street or city owned property without first making application and procuring a permit from the Director. Application for the permit must be filed at least 14 days prior to the planned date of removal. The applicant shall clearly mark the tree to be removed with flagging ribbon or other means that is not injurious to the tree.
(B) Tree removal will not be approved unless good cause is established. Good cause shall include a tree that is so diseased or damaged that removal is necessary; circumstances in which growth of the tree will damage or substantially interfere with public or private improvements; or circumstances where construction on the adjacent lot requires removal for driveway construction.
(C) If tree removal is approved for good cause other than disease or damage or to prevent damage to public or private improvements, the permit shall:
(1) Require the applicant to pay all the costs incurred for removal of the tree, including the stump, to a minimum depth of six inches below the ground surface. The area will be cleaned by hand raking to remove all branches, leaves and debris caused by the removal. The area excavated in order to remove the stump shall be filled with good, clean topsoil and seeded or sodded;
(2) If the value of the removed tree is estimated by the Director to be not greater than $500, the applicant shall be required to purchase a balled and burlapped replacement tree having a minimum trunk diameter of not less than two inches as measured at the base of the trunk. The species of tree and the time and place of planting shall be selected by the Director. The planting of the replacement tree shall be accomplished under the Director’s supervision; or
(3) If the value of the tree to be removed is estimated by the Director to exceed $500, the applicant shall be required to reimburse the city for the value of the removed tree at a rate set in the schedule of tree values adopted by the Director.
(D) If a tree is removed in violation of this section, the responsible party or parties shall be required to comply with the provisions of division (C)(1) above and either divisions (C)(2) or (C)(3) above, and shall also be subject to the provisions of § 93.999. Persons performing a contract with the city shall be exempt from the limitations and requirements of this section and the permit requirements of § 93.124.
(Prior Code, § 5-5-4) (Ord. 652, passed 4-2-2007; Ord. 791, passed 10-19-2015) Penalty, see § 93.999