(A) A protected tree may be removed or relocated without replacement once a tree removal permit is granted if:
(1) The protected tree is damaged by natural causes or is diseased beyond the point of recovery;
(2) The protected tree is removed as a safety measure because it is in danger of falling;
(3) The protected tree is dead;
(4) Relocating a protected tree to a suitable location that is beneficial to the long-term growth and survival of the tree on the same property or off site. The applicant must comply with generally accepted transplanting methods as described in the urban forest management plan and the tree survives for a period of two years. During the two-year period, the applicant is required to provide ongoing watering and monitoring to increase chance of survival.
(B) A protected tree may be removed with replacement if:
(1) The protected tree is located as to prevent reasonable access to the property; or
(2) The location of the protected tree precludes all reasonable and lawful use of the property on which it is located.
(C) A heritage or ancestral tree may only be removed if:
(1) The tree is dead;
(2) The tree is an imminent hazard to life or property and the hazard cannot be reasonably mitigated without removing the tree; or
(3) Is diseased and;
(a) Restoration to sound condition is not practicable; or
(b) The disease may be transmitted to other trees and endanger their health.
(D) A variance request may be made to City Council to request removal of a heritage or ancestral tree. The following criteria should be used to determine variance approval:
(1) The applicant has applied for and been denied a variance, exemption, modification or alternative from another City Code provision which would eliminate the need to remove the heritage or ancestral tree; and
(2) Removal of the heritage or ancestral tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage or ancestral tree will result in a design that will allow for the maximum provision of ecological service, historic and cultural value of the trees on the property.
(E) Every approval for tree removal shall automatically expire one year from its effective date