(a)

No person shall cut or remove any tree except in strict compliance with this article.

(b)

No person shall cut or remove any tree without first obtaining a tree permit from the Zoning Administrator.

(c)

For new construction, an application for a tree permit shall accompany the application for a zoning permit pursuant to article 4 of this chapter and shall be considered part of such application. No tree shall be cut or removed prior to the issuance of a tree permit. Compliance with all conditions set forth in the tree permit shall be required before a certificate of occupancy will be issued by the City.

(d)

Prior to a lot subdivision (including a lot line adjustment) request being filed or receiving approval from the Planning Commission, a tree permit must be obtained if the result of the subdivision would require the removal of a tree in order to construct any building on any lot affected by the subdivision; provided, however, that no tree permit may be issued in connection with any such subdivision request which would result in the removal of a historic tree. No site work shall begin and no tree shall be removed prior to the approval of the subdivision plat.

(e)

Any person desiring a permit to cut or remove a tree shall submit a written application to the Zoning Administrator which shall contain the following information:

(1)

Name and address of the applicant;

(2)

Status of applicant with respect to the lot;

(3)

Written consent of the owner of the lot if applicant is not the owner;

(4)

Address of the lot;

(5)

An accurate plat of the lot, including a statement of the acreage of the lot from which the tree will be removed;

(6)

A tree survey overlay on the same scale as the plat of the lot, which locates all trees by diameter breast height and species and identifies trees to be cut or removed and all trees to be preserved. Dead or diseased trees shall be identified. Groups of trees in close proximity, (i.e., within five feet (5') of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall be prepared by a licensed landscape architect, surveyor or engineer registered in the State, at the applicant's expense, and shall have an accuracy of plus or minus three feet ( 3'). The applicant shall wrap the trees proposed to be cut or removed with blaze orange tape prior to submitting an application for a tree permit.

(f)

Trees may be cut or removed only under the following conditions:

(1)

Upon the owner proving to the Zoning Administrator that cutting or removing a tree is necessary to make reasonable use of the property, including the siting of primary or accessory buildings. Such proof must demonstrate that there is no reasonable alternative that would preserve the tree, and such proof must be made for each tree proposed to be cut or removed.

(2)

For improvements, expansion or new construction of infrastructure services, including systems for wastewater disposal, water distribution and streets, but only if no reasonable alternatives are available.

(3)

Upon proof by the owner to the Zoning Administrator that the tree is dead, diseased or hazardous as determined in section 5-4-63.

(4)

Each tree that is removed shall be replaced according to the requirements set forth in section 5-4-66.

(g)

Any tree may be pruned without a tree permit so long as such pruning is done in accordance with ANSI Publication A300 (Part 1) 2001 Pruning. Any pruning not done in accordance with ANSI Publication A300 (Part 1) 2001 Pruning shall be deemed to be the cutting of a tree for all purposes of this article.

(h)

Notwithstanding the procedures contained in this article for altering or removing trees, it is the intent of the City to encourage whenever feasible the preservation of all trees, including those which are not protected by this article. Therefore, all provisions of this article shall be strictly construed.

(Code 1994, § 5-4-61; Ord. No. 2002-19, § 3, 2-28-2003; Ord. No. 2007-12, § 2, 7-24-2007; Ord. No. 2013-08, § 2, 7-23-2013)

(a)

As limited by sections 5-4-61, 5-4-64, and 5-4-65, dead, diseased or hazardous trees may be removed by the landowner pursuant to a tree removal permit in accordance with this section.

(b)

When a dead or diseased tree constitutes a hazard to life and/or property, or harbors insects or disease which constitute a substantial threat to other trees within the City, a permit for its removal may be issued by the Zoning Administrator even though its removal decreases the density of trees on a lot or parcel below the minimum density standards. Replacement of trees removed pursuant to this section is encouraged but not required.

(c)

When a tree is causing structural damage to an enclosed area of the primary building, including porches, or any other permanent accessory structure that would require a building permit, and the damage cannot be remedied without removing the tree, the Zoning Administrator may determine that the tree is hazardous and issue a permit for its removal. This section shall not apply to trees causing structural damage to accessory structures that would not require a building permit or to any unenclosed areas of primary buildings. Replacement of trees removed pursuant to this section is encouraged but not required.

(d)

When a certified arborist determines in writing that a tree poses a clear and imminent threat of structural damage to an enclosed area of the primary building, including porches, or any other permanent accessory structure that would require a building permit, and the threat of damage cannot be remedied without removing the tree, the Zoning Administrator may determine that the tree is hazardous and issue a permit for its removal. This section shall not apply to trees threatening structural damage to accessory structures that would not require a building permit or to any unenclosed areas of primary buildings. Replacement of trees removed pursuant to this section is encouraged but not required.

(e)

When a tree is causing structural damage to a septic tank system, and the damage cannot be remedied without removing the tree, the zoning administrator may determine that the tree is hazardous and issue a permit for its removal. Replacement of trees removed pursuant to this section is encouraged but not required, except in situations where the repairs to the septic tank system are not completed within sixty (60) days of the issuance of the tree removal permit.

(f)

When a certified arborist determines in writing that a tree poses a clear and imminent threat of structural damage to a septic tank system, and the threat of damage cannot be remedied without removing the tree, the zoning administrator may determine that the tree is hazardous and issue a permit for its removal. Replacement of trees removed pursuant to this section is encouraged but not required.

(g)

An owner seeking to remove a tree pursuant to this section shall submit written proof to the zoning administrator that the tree to be removed meets the requirements of this section. If the zoning administrator reasonably determines that there is a question as to the viability or health of a tree for which a removal permit is requested pursuant to paragraph (b) of this section, the Zoning Administrator may require that the applicant consult with, and provide documentation from, a certified arborist as a part of the permit process. If the Zoning Administrator reasonably determines that there is a question as to the structural damage being caused by a tree for which a removal permit is requested pursuant to paragraph (c) of this section, the zoning administrator may require that the applicant consult with, and provide documentation from, an engineer as part of the permit process.

(Code 1994, § 5-4-63; Ord. No. 2002-19, § 5, 2-28-2003; Ord. No. 2013-08, § 3, 7-23-2013; Ord. No. 2013-10, § 2, 11-19-2013; Ord. No. 2015-06, § 2, 6-23-2015)

(a)

Historic trees may be pruned, cut or removed only under the following circumstances:

(1)

For improvements, expansion or new construction of infrastructure services, including systems for wastewater disposal, water distribution and streets, but only if no reasonable alternatives are available;

(2)

Upon the owner proving that the tree is dead, diseased or hazardous, pursuant to the requirements and procedures set forth in section 5-4-63;

(3)

For the siting of one (1) single-family dwelling on a lot, provided that the applicant can demonstrate that there is no feasible alternative design or siting that would preserve the tree; or

(4)

For the siting of a multifamily or commercial structure that meets one of the exceptions set forth in subsections (a)(1) through (3) of this section, or that has been previously approved in a conceptual site plan; provided that there is no feasible alternative that would preserve the tree, and provided further that removal of historic trees pursuant to this subsection shall be limited to either the fewest number of trees or the least total DBH necessary for siting of the building footprint and the least destructive configuration of driveways and parking as determined by the Zoning Administrator.

Prior to the issuance of a permit for the cutting or removal of a historic tree, the Zoning Administrator shall confirm in writing that one or more of the circumstances enumerated hereinabove exists.

(b)

The permit for cutting or removal of a historic tree shall require the owner to comply with the requirements set forth in sections 5-4-65 and 5-4-66 and the following additional conditions:

(1)

Each removed historic tree shall be replaced by the fewest number of the same type (species) of trees to replace the removed tree with the same DBH or greater; and

(2)

Such other reasonable conditions which are in furtherance of the provisions of this article as may be imposed by the Zoning Administrator.

(Code 1994, § 5-4-64; Ord. No. 2002-13, § 4, 10-22-2002; Ord. No. 2002-19, § 6, 2-28-2003; Ord. No. 2013-08, § 4, 7-23-2013)

(a)

Significant trees may be trimmed, cut or removed only under the following circumstances:

(1)

Upon the owner proving that trimming, cutting, or removal of a significant tree is necessary to make reasonable use of the property, including the siting of primary or accessory buildings. Such proof must demonstrate that there is no reasonable alternative that would preserve the tree, and such proof must be made for each significant tree proposed for trimming, cutting, or removal;

(2)

For improvements, expansion or new construction of infrastructure services, including systems for wastewater disposal, water distribution and streets, but only if no reasonable alternatives are available;

(3)

Upon proof by the owner that the tree is dead, diseased or hazardous, pursuant to the requirements and procedures set forth in section 5-4-63.

(b)

Each significant tree that is removed shall be replaced according to the requirements set forth in section 5-4-66.

(Ord. No. 2002-13, § 5, 10-22-2002; Ord. No. 2013-08, § 5, 7-23-2013)

(a)

Pursuant to permit. Each tree planted or replaced pursuant to a tree permit in accordance with the requirements of this article shall have a minimum size of four inches (4") caliber and twelve feet (12') in height at the time of planting and be the same species or a similar species to the tree being replaced. Palm trees shall not be permitted as replacements for canopy trees. The sum of the replacement trees will be equal or greater than one-half (½) DBH of the trees they are designated to replace.

(b)

Pursuant to citation of violation. If commercially available within the State, replacement trees planted pursuant to a citation of violation of this article shall be of the same type (species) and size (height and DBH) as the tree being replaced. If not so available, the type and size of such replacement trees shall be as close to that of the tree being replaced as is commercially available within the State. Replacement trees shall have a cumulative DBH equal to or greater than the trees they replace; provided, however, that replacement historic trees shall have a cumulative DBH equal to or greater than three (3) times the DBH of the trees they replace.

(c)

All replacement trees shall be vigorous, well-shaped, branched and foliated. The owner of the property shall be responsible for maintaining all remaining and replacement trees. The Zoning Administrator shall have the right to inspect any replacement tree for one (1) year after planting to ensure that it is surviving in healthy condition. A replacement tree found to be dead or in a declining condition shall be replaced by the owner within thirty (30) days of notification from the Zoning Administrator, who shall then have the right to reinspect such tree for one (1) year thereafter.

(d)

In situations where tree replacement on the same property is impossible or undesirable, as determined by the Zoning Administrator, the owner shall either donate such tree or trees as would otherwise be required by this article to the City to be planted, at the owner's expense, on such public property as City Council shall direct, or pay a fee to the City equal to one hundred percent (100%) of the fair market cost of the trees that would have been required to be replanted at the site, plus the costs of replanting. All such fees shall be placed in a special account to be used solely for the beautification of public property as determined by City Council.

(e)

Notwithstanding any other provision of this article to the contrary, replacement of a historic tree that has been unlawfully removed shall be effected at the same location from which the historic tree was removed. No structure may be located in whole or in part in the location from which a historic tree was unlawfully removed.

(Code 1994, § 5-4-66; Ord. No. 2002-13, § 6, 10-22-2002; Ord. No. 2002-19, §§ 7, 8, 2-28-2003; Ord. No. 2004-1, § 1, 4-27-2004; Ord. No. 2007-12, § 3, 7-24-2007)

Any person who violates any provision of this article shall be subject to the following fines and restrictions:

(1)

Violation of this article shall be deemed as a misdemeanor, and shall be punished as provided in section 1-3-66. Each day any violation of this article continues shall constitute a separate and distinctive offense.

(2)

In addition to the penalties imposed in subsection (1) of this section, the person found to be in violation of this article shall be required to plant or replace trees, pursuant to the requirements of section 5-4-66(b). The requirements of this subsection are mandatory, and shall apply regardless of any other fines or penalties imposed for a violation of this article.

(3)

Where a violation of this article is associated with construction pursuant to a City zoning permit or building permit, a certificate of occupancy pursuant to section 5-4-101 shall not be issued until such violation has been remedied and trees are planted or replaced, pursuant to the requirements of section 5-4-66, as necessary to meet the requirements of this article. The requirements of this subsection are mandatory, and shall apply regardless of any other fines or penalties imposed for a violation of this article.

(Code 1994, § 5-4-67; Ord. No. 2002-13, § 7, 10-22-2002; Ord. No. 2002-19, § 9, 2-28-2003)

(a)

If proposed construction or development on a lot will encroach into a tree protection zone, then prior to the issuance of permit for the work, the owner of the lot must develop a tree preservation plat (TPP) approved in writing by an arborist certified by the International Society of Arboriculture. The TPP must be filed with and approved by the Zoning Administrator.

(b)

For projects requiring a TPP, no certificate of occupancy shall be issued until a written statement from a certified arborist is filed and approved by the Zoning Administrator certifying that the approved TPP was adhered to during construction and development.

(Code 1994, § 5-4-68; Ord. No. 2007-12, § 4, 7-24-2007)

Appeals of decisions and actions of the Zoning Administrator or his designee pursuant to this article shall be made to the City's Board of Zoning Appeals, pursuant to section 5-4-5.

(Code 1994, § 5-4-69)

This article shall not apply to commercial timber operations or utility companies maintaining safe clearance around utility lines.

(Code 1994, § 5-4-70)

(a)

Any commercial, municipal or other nonresidential use shall be separated and buffered from adjoining properties as follows:

(1)

Abutting to residential property:

a.

Fifteen foot (15') landscaped buffer yard setback;

b.

Eight foot (8') painted, wooden stockade fence; and

c.

Three (3) canopy trees and six (6) understory trees per one hundred feet (100') of frontage.

(2)

Abutting to commercial property or abutting street with residentially zoned property across said street:

a.

Five foot (5') landscaped buffer yard setback;

b.

Two (2) canopy trees and two (2) understory trees per one hundred feet (100') of frontage.

(b)

Canopy trees shall be a minimum of two and one-half inches (2½") in caliper. Understory trees shall be a minimum of six feet (6') in height.

(c)

Existing plant materials which satisfy the requirements of this section may be counted toward satisfying the requirements of this section.

(d)

All buffer yards shall be seeded with lawn grass or other suitable ground cover.

(e)

Structures may be substituted with approval of the Planning Commission.

(f)

Landscaping shall be required on all new developments and any old building with renovation or remodeling equal to or greater than twenty-five percent (25%) of the building's appraised value.

(g)

All required landscaping shall be completed prior to the issuance of a certificate of occupancy.

(Code 1994, § 5-4-71)