Sec. 25-56. - Tree removal and replacement.
(a)
Permits required. It shall be unlawful for any person directly or indirectly to cut down, destroy, remove or effectively destroy by damaging any tree in the city without first obtaining a permit as herein provided. This requirement shall apply to all trees three (3) inches or larger dbh., and to Southern Red Cedar trees (juniperus silicicola) more than two (2) feet tall or having a trunk diameter at a point three (3) inches above ground level of more than one (1) inch. Provided, however, that it shall not be unlawful to remove a tree other than a Southern Red Cedar (juniperus silicicola) which is less than three (3) inches dbh., nor shall any permit be required for the removal of such tree. In addition, it shall not be unlawful to remove an exempt tree or an invasive species and no permit shall be required for the removal of such.
(b)
Permit applications and application fees.
(1)
Permits for removal or relocation of trees shall be obtained by making application for permit to the city planning and building division. The application shall indicate the number, species and diameter breast height (dbh.) of each tree to be removed or relocated and the reasons for the removal or relocation. Such applications for permits for removal or relocation of trees shall be accompanied by a fee of twenty dollars ($20.00). Such fees are hereby declared to be necessary for the purpose of processing the application and making the necessary inspection for administration and enforcement of this section.
(2)
Permits for removal or relocation of trees associated with a site plan for a development shall be obtained by making application for permit for the development to the city planning and building division. The application shall be accompanied by a site plan. When the permit for the development is issued it will include tree removal, relocation and replacement as indicated on the approved site plan for the development.
(c)
Application review. Upon receipt of a complete application, which may include a site plan for a development, the city planning and building division shall review such application which may include a field check of the site and referral of the application to other departments or agencies as necessary to determine any adverse effect upon the general public welfare, adjacent properties or city services and facilities.
(1)
The planning and building division may issue a tree removal permit for trees which are not considered preserved trees.
(2)
To remove a preserved tree anywhere on site, approval shall first be given by the code enforcement, adjustments and appeals board, or by the planning and zoning board, if such approval is related to the review of a site plan.
(3)
In determining whether or not a permit required by this section should be issued, the city planning and building division shall consider and base all decisions on the following:
a.
The condition of the tree with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures and interferences with utility services.
b.
The necessity of removing a tree to construct proposed improvements in order to allow reasonable economic use of the property.
c.
The relief of the land where the tree is located and the effect removal of the tree would have on erosion, soil moisture retention, diversion, increased or decreased flow of surface waters and the city master drainage plan or similar plan adopted by the city commission.
d.
The number and density of trees existing in the neighborhood on improved or unimproved property. The planning and building division shall also be guided by the effect removal of a tree would have on property values in the neighborhood where the property is located and on other vegetation in the neighborhood.
e.
Whether the tree has been designated a preserved tree.
f.
Impact upon the urban and natural environment, including:
Ground and surface water stabilization.
Water quality and aquifer recharge.
Ecological impacts.
Noise pollution.
Air movement.
Air quality.
Wildlife habitat.
g.
The ease with which the property owner or agent can alter or revise the proposed development or improvements to accommodate existing trees, including the tree or trees proposed to be removed.
(d)
Issuance of permit. The planning and building division shall issue the removal permit unless, upon consideration of the criteria set forth above, the division finds any of the following will result:
(1)
That the property owner or agent will not be unreasonably affected in shifting the location of the proposed structure, building or improvement, which shift will maintain the existence of the subject trees and still permit construction of such building or improvement on the site.
(2)
That the property owner or agent will not be unreasonably affected in modifying the design of the proposed structure, building or other improvement, which modification will maintain the existence of the trees proposed to be removed and still permit construction substantially similar to that originally proposed.
(3)
That the removal of the subject trees will have a substantial adverse impact on the urban and natural environment.
(4)
That the subject trees are preserved trees and removal must be reviewed by the code enforcement, adjustments and appeals board or the planning and zoning board.
(e)
Denial of permit. If the planning and building division denies the removal permit it shall set forth with particularity its reasons for such denial in writing.
(f)
Appeals. When a tree removal permit, including a permit for the removal of a preserved tree not involved with a site plan for new development, has been denied by the planning and building division, the property owner or agent may appeal this decision to the code enforcement, adjustments and appeals board. The code enforcement, adjustments and appeals board shall approve or deny the appeal and may impose conditions as required, such as specific tree species and sizes for the required replacement trees. The board may require more stringent replacement requirements than is required by this chapter. The code enforcement, adjustments and appeals board shall not be empowered to relax the standards and requirements contained herein. If a preserved tree is approved by the board to be removed, a minimum of two (2) shade trees a minimum of ten (10) feet in height shall be used as replacement. The replacement of trees that have been removed after board approval shall be done within thirty (30) days after the tree has been removed.
(g)
Relocation and replacement. As condition to the granting of a permit, the property owner or agent will be required to relocate the tree being removed or required to replace the tree being removed with a tree somewhere within the site. Native vegetation shall be replaced with native vegetation. Shade trees must be replaced by shade trees. Understory and palm trees may be replaced by any type tree. Replacement shade trees shall be a minimum of ten (10) feet high and understory trees shall be a minimum of ten (10) feet high when planted. Each Southern Red Cedar tree (juniperus silicicola) removed shall be replaced with a minimum of two (2) Southern Red Cedars of such a size and quality as shall be determined by the city building official to be assured of such Southern Red Cedars' continued viability and growth. The property owner or agent shall also be required to replace the relocated or replacement tree should same die within three (3) years from date of planting.
(h)
Public lands. No tree shall be removed from any public property or public right-of-way except in accordance with the provisions of this section.
(i)
"After the fact" tree removal permits.
(1)
The application fee shall be fifty dollars ($50.00).
(2)
The planning and building director may issue an "after the fact" tree removal permit for trees which are not considered preserved trees, but only after considering the above mentioned factors and the reason why a permit was not obtained prior to the removal.
(3)
If the planning and building director denies the "after the fact" tree removal permit, he/she shall set forth with particularity the reasons for such denial in writing. When such permit is denied, said denial may be appealed as stated above to the adjustments and appeals board.
(4)
No "after the fact" tree removal permits shall be issued for the removal of preserved trees. Any such action shall be subject to code enforcement proceedings wherein any explanation or reason for removal without a permit and evidence as to the tree's condition prior to removal may be presented as mitigation.
(Ord. No. 04-17, § 1, 10-25-04; Ord. No. 09-17, § 1, 5-11-09)
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