§ 158-102. Criteria for removal, destruction or injury.

(a)

No permit shall be issued for the removal, destruction, or injury of any living and non-hazardous tree unless:

(1)

A tree replacement plan meeting the requirements of section 158-103 has been approved;

(2)

All other requirements of this article are met; and

(3)

One of the following conditions exists:

a.

The tree is located within the buildable area of the lot and the applicant has been granted a building, landscaping, or other permit to make improvements otherwise permissible under all applicable ordinances of the city;

b.

The tree is located in that portion of the setback or required yard area of the lot that must be used for vehicular ingress and egress or for the installation of utilities that cannot be accomplished in a manner allowing preservation of the tree;

c.

The tree is diseased or injured to the extent that death is imminent within two years, or is in imminent danger of falling, or is so close to existing or proposed buildings so as to endanger them, or physically interferes with utility services in a manner that cannot be corrected by anything less than destruction or removal of the tree, or creates unsafe vehicular visual clearance, or is otherwise deemed a hazard by the city arborist or city forester;

d.

The tree removal qualifies for a permit pursuant to section 158-101(i) or section 158-101(j).

(b)

The following species of trees, if 12 inches or smaller DBH and located on private property, are exempt from the posting, replacement, and recompense portions of this article, and from section 158-102(a)(3) of this article whereby a property owner may remove the tree located on her/his property without posting, replacing the tree or paying recompense: Mimosa - Albizia julibrissin; Tree of heaven - Ailanthus altissima; White mulberry - Morus alba; Paper mulberry - Broussonetia papyrifera; Chinaberry - Melia azederach; Princess tree - Paulownia tomentosa; Carolina cherry laurel - Prunus caroliniana; Bradford Pear - Pyrus calleryana; Leyland cypress -x Cupressocyparis leylandii. Where such species of tree is larger than 12 inches DBH and located on private property, the property owner need not post the tree, and need only replace the tree or pay recompense if the tree cover on the lot from which the tree is removed is less than the minimum tree cover per zoning district, as set forth in section 158-103(g). Removal of trees of one of the above-listed species, where the tree is six inches DBH or larger, requires the homeowner to apply for and receive a permit from the office of buildings, and said application must include:

(1)

At least two pictures of the tree at issue that identify the species of tree; and

(2)

A site plan showing the appropriate zoning information of the property; and

(3)

A tree survey including but not limited to location, quantity, types and DBH, prepared by ISA certified arborists or landscape architects.

(Code 1977, § 10-2037(d); Ord. No. 2001-102, § 2, 12-11-01; Ord. No. 2003-03, §§ 1, 2, 1-13-03; Ord. No. 2006-04, § 1, 2-14-06; Ord. No. 2007-32(07-O-0362), §§ 10, 18, 6-12-07; Ord. No. 2009-13 (09-O-0399), § 3, 3-24-09)