122.04(A) Permit requirement. Except as noted in § 122.03 above, the removal or relocation of any requires a
/relocation permit from the . No permit shall be issued for
/relocation unless the determines that there are no other means to prevent the removal/relocation of the (s) (including, but not limited to, canopy trimming, root Pruning and installation of root barriers), and that one of the following exists:
122.04(A)(1) A site plan submitted by the
shows that a proposed
, permissible under all applicable Laws and regulations, can be situated on the subject parcel only if specific
are removed or relocated, and the
has made every reasonable effort to incorporate and/or relocate existing
and to minimize the number of
removed.
122.04(A)(2) The
is in such proximity to existing or proposed
that the
or structural integrity of such
is materially impaired.
122.04(A)(3) The
materially interferes with the location, servicing, or functioning of public
lines or service.
122.04(A)(4) The
obstructs safe vehicular cross-visibility or otherwise creates a substantial traffic hazard.
122.04(A)(5) The
is diseased, injured, or in danger of falling.
122.04(A)(6) Any
or regulation requires the
’s removal.
122.04(A)(7) The vegetation is being maintained or planted for municipal use under the direction of the
.
122.04(B) Application for permit. The
of the property on which the will be removed or relocated from must make an application for a
/relocation permit required or authorized under this Chapter. Where the is relocated on property with different ownership then its original location, then the
of the relocated property shall obtain a permit at no cost. If any will be acting as agent for the property
, the application must clearly indicate, by affidavit of the
, that the
has given the agent full authority to bind the
to any condition that may be imposed upon the issuance of the permit. Applications for a
/relocation permit shall be accompanied by the following:
122.04(B)(1) A completed, signed, and notarized application.
122.04(B)(2) A map showing the size and location of the site where the permitted activities are to be conducted.
122.04(B)(3) A starting date and duration of the proposed permit activities.
122.04(B)(4) A brief description of the work to be performed, including a drawing of the proposed work on a certified site plan as determined by the
, showing the location of all existing or proposed
,
, and site uses.
122.04(B)(5) A
performed no more than six months before the application date and certified by a
, and a site plan of identical scale designating those
that are proposed to be preserved, relocated, or removed. This subsection 122.04(B)(5) shall not apply to
and
properties, unless a proposed expansion or demolition negatively impacts a
, which shall be determined in the sole discretion of the
.
122.04(B)(6) A
Plan shall be required for all
whose
is planned to be encroached upon by any
,
, fill, or other activities associated with the
of the site. The
Plan shall include:
122.04(B)(6)(a) A designation of each
subject to any
;
122.04(B)(6)(b) The reasons for the
;
122.04(B)(6)(c) A detailed description of the proposed efforts to protect the
from damage due to the
; and
122.04(B)(6)(d) A plan to ensure survivability per the “
Protection Manual for Builder’s and Developers” by the Department of Agriculture.
122.04(B)(7) The certified legal description of the site.
122.04(B)(8) In instances when a
will be removed or relocated by an
, from a
, which is adjacent to a residential property, for purposes other than those described in subsections 122.04(A)(2)-122.04(A)(7), the
shall provide proof to the
that the
has notified the adjacent
or
s of the property on which the
will be removed or relocated of the
/relocation permit, in the form of an affidavit, executed by the
.
122.04(C) Application fee.
122.04(C)(1) All applications for a
shall be accompanied by the application fee in the amount set forth by a resolution of the
.
122.04(C)(2) The application fee is not refundable and may not be applied to any permit application other than the one for which it was originally paid.
122.04(D) Inspections. An application for a
/relocation permit constitutes consent by the property
and/or
for the to conduct site inspections in furtherance of this Section on the subject property, pursuant to permit requirements.
122.04(E) Permit fees. Upon approval of the application and prior to the issuance of a permit, the
shall pay a permit fee to the in the amount(s) set forth by a resolution of the .
122.04(F) Permit term. The permit shall be granted for a maximum of six months from the date of issuance or one from the approved relocation date. A one-time extension upon written request may be granted for an additional six-month period, provided that there is no change from the original permit and the permit extension complies with all standards in effect at the time of the permit extension.
122.04(G) Permit posting. The relocation/removal permit shall be posted in a protected area and in a conspicuous place on the site.
(Ord. 2010-19, passed 10-4-2010; Am. Ord. 2016-04, passed 4-4-2016; Am. Ord. 2019-13, passed October 7, 2019; Am. Ord. 2023-12, passed 11-6-2023)