As used in this chapter:

   (a)   “Large tree” means any tree having a trunk diameter of six inches or more when measured twenty-four inches above the ground.

   (b)   “Undeveloped land” means any lot or parcel which does not have a habitable building constructed on that lot or parcel.

      (Ord. 2005-31. Passed 5-16-05.)

   (a)   No person shall clear, clear-cut, devegetate, or otherwise destroy trees, bushes and/or other vegetation on undeveloped land without first receiving approval from the Building Inspector.

   (b)   No person shall alter the grade of any undeveloped land without first receiving approval from the City Engineer.

(Ord. 2005-31. Passed 5-16-05.)

   The owner or agent of undeveloped land shall submit to the Building Inspector a site plan for such tree clearing or land clearing operation that shall contain the following:

   (a)   Lot dimensions and a north arrow, existing contours at two-foot intervals, existing watercourses and the base flood plain (the 100-year flood plain), proposed culvert tile, proposed driveways, the limits of the tree clearing, and the location of existing large trees. All large trees scheduled for removal shall be marked in red on the plans and in the field.

   (b)   A $500.00 refundable grading deposit is required upon submission of the site plan and application.

   (c)   A $50.00 non-refundable site plan review fee is required upon submission of the site plan and application.

   (d)   If overweight/oversized vehicles are to be operated on City streets then the owner or agent must obtain a permit from the Mayor in accordance with Section 440.01(c).

      (Ord. 2005-31. Passed 5-16-05.)

   (a)   All ruts and depressions caused by the land clearing operation must be eliminated and no standing water shall be permitted as a result of the land clearing. All disturbed areas shall be reseeded within seven days of the completion of the work.

   (b)   All temporary drives and drive pipes must be removed upon completion of the land clearing operation.

   (c)   A silt fence must be erected around the limits of the land clearing operation. All erosion and sediment control features required by the EPA must be in place and maintained throughout the project.

   (d)   A topographical plan, prepared by a registered surveyor or engineer, is required if there is any change in the natural grade. The topographical plan must depict all information as required by the City Engineer.

   (e)   Written permission must be provided by the property owner for the tree clearing operation if the applicant is not the owner of record.

   (f)   All branches, brush, and other waste material created shall be chipped, removed from the property and properly disposed of.

   (g)   Nothing in this chapter shall be construed to authorize any action in violation of any applicable state or federal law or regulation for the protection of plants, species, or wildlife.

(Ord. 2005-31. Passed 5-16-05.)

   The following activities and properties are exempt from the regulations in this Chapter and no tree removal permit is required.

   (a)   The removal of dead, diseased, or damaged trees.

   (b)   Any tree on public property or within street right-of-way and regulated in Chapter 668.01(e).

   (c)   The removal of trees necessary for the construction, operation and maintenance of drainage facilities, sanitary sewers and storm sewers.

   (d)   The removal of trees for construction of approved public roadways and improvements.

   (e)   The removal of trees in time of emergency or which pose potential danger to life or property.

   (f)   The removal of trees required for the installation, maintenance and repair of underground and overhead utilities.

   (g)   The removal of trees by an individual homeowner on their single family dwelling lot.

      (Ord. 2005-31. Passed 5-16-05.)

   A permit shall be issued by the Building Inspector if all requirements of Section 1286.03 are met. If the site plan does not reflect all the requirements it shall be rejected and no permit shall be issued. If, at any time, the applicant is found in violation of any of the requirements and regulations of this chapter, the Building Inspector shall revoke the permits, and all tree clearing activity shall cease immediately.

(Ord. 2005-31. Passed 5-16-05.)

   The owner may appeal any decision of the Building Inspector directly to the Board of Zoning Appeals. The Board of Zoning Appeals may amend any decision of the Building Inspector.
(Ord. 2005-31. Passed 5-16-05.)