(A) Municipal trees shall not be removed without a permit issued by the city and assessment by a certified arborist.
(B) Permit required. It shall be unlawful for any person or corporation to remove any municipal tree without a valid encroachment permit for such work issued by the City Engineer, pursuant to Title 21: Streets and Traffic Code, Chapter 210 of this code.
(C) An abutting property owner who desires to remove a municipal tree shall apply to the City Engineer for an encroachment permit on forms provided for such purpose by the city. The City Engineer, or his or her designated representative, may grant or deny the permit in accordance with the following procedures and requirements.
(1) Replacement. If a permit to allow tree removal is issued, it shall require a tree or trees be planted on the site and within the right-of-way to replace the removed tree or the permit shall impose an in-lieu fee unless it makes written findings detailing the basis for waiving or modifying this requirement.
(a) Replacement tree(s) shall be chosen from the City of Yuma Recommended Plants List.
(b) If the tree to be removed has a diameter at breast height (DBH) of less than six inches or it is a non-desirable species as determined by the City Arborist, it shall be replaced with one 15-gallon or larger tree.
(c) If the tree to be removed has a diameter at breast height (DBH) of six inches to 12 inches, it shall be replaced with two 15-gallon or larger trees.
(d) If the tree to be removed has a diameter at breast height (DBH) greater than 12 inches, it shall be replaced with three 15-gallon or larger trees.
(2) In-lieu fees. If an encroachment permit is granted for tree removal and an in-lieu fee required, the in-lieu fee shall be determined by the City Arborist based on the estimated replacement value of the tree to be removed. In-lieu fees may be required if the lot in question is inadequate in size to accommodate the required replacement tree.
(3) Municipal Tree Fund. Monies collected from in-lieu fees shall be credited to the Municipal Tree Fund to be used for care and maintenance of municipal trees and to offset the loss of municipal trees due to removal, destruction, or death. Persons may donate money for the purpose of tree planting and maintenance and said donations shall be credited to the Municipal Tree Fund.
(D) Any tree, or limb, on private property determined by the City to have contracted a lethal; communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal and potential replacement.
(Ord. O2019-038, passed 12-4-19; Ord. O2021-041, passed 12-15-2021) Penalty, see § 137-99