§ 35-477. Tree Permits.

(a)

Applicability. The provisions of this section apply to any activity subject to the tree preservation standards.

(b)

Initiation.

(1)

Application to City Arborist. A valid application for permit must be filed and approved with the city arborist before:

A.

Mitigating, removing, or destroying any significant or heritage trees, or areas of tree canopy that are required to be counted for calculating minimum tree preservation percentages as provided in the tree preservation standards; or

B.

Any person conducts a regulated activity, as defined in subsection 35-523(a), on property that may result in the removal or destruction of any such tree.

(2)

Affidavit. In lieu of a tree preservation plan, an applicant may submit a notarized tree affidavit with fees and required information verifying that no significant, heritage trees, or tree canopy required to be counted for calculating minimum tree preservation requirements will be damaged or removed as a result of the application or receipt of the approval requested.

(3)

Single-Family Residential Developments. At the platting or subdivision review, an application for a tree permit may include a tree preservation plan. See section 35-B123.

(4)

Combined Landscape Plan and Tree Survey. The landscape plan (section 35-476) and/or the streetscape plan (section 35-512) may be combined with a tree preservation plan. A combined plan may be submitted at the discretion of the applicant and must include all the submittal requirements required by each plan.

(5)

Educational Seminars and Pre-Application Meetings.

A.

Applicants are encouraged, but not required, to attend educational seminars conducted by the city arborist and/or establish pre-application conferences as provided by this subsection.

B.

Applicants are encouraged, but not required, to request a preliminary plan meeting for a proposed project to determine the specific requirements and to maximize use of preserved trees and understory to meet the tree preservation, landscape and streetscape standards.

C.

Prior to the commencement of any activities requiring a tree permit, the applicant shall request a pre-construction conference with the city arborist in order to review procedures for protection and management of all significant, heritage or mitigation trees.

(c)

Completeness Review. The city arborist shall review the application for a tree preservation permit for completeness within fifteen (15) days. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(d)

Decision.

(1)

Generally. The tree permit application and tree preservation plan technical review shall be completed by the city arborist within thirty (30) days. If the city arborist finds that the work described in the application for a permit and the plans and other data conform to the requirements of the tree preservation standards and that the fees have been paid by the applicant, the city arborist shall issue a tree removal permit to the applicant.

(e)

Type of Hearing. The application for a tree preservation permit shall be processed as a ministerial permit pursuant to section 35-401. A public hearing is not required.

(f)

Approval Criteria. A tree preservation permit shall comply with the tree preservation standards, section 35-523 of this chapter.

(g)

Subsequent Applications. Not applicable.

(h)

Amendments. Notification and approval of the city arborist are required if changes need to be made to an approved tree preservation plan. Approval of the changes must be received from the city arborist, in writing, before commencement of any work that is the subject of the change or field adjustment.

(i)

Scope of Approval. A tree permit shall remain valid for one (1) of the two (2):

(1)

The period of validity of the permit or authorization that triggered the requirement for obtaining the tree preservation plan and tree permit approval (i.e., building permit, plat, etc.); or

(2)

One hundred eighty (180) days from the date of issuance if the tree permit approval was for a stand-alone activity (tree removal) not associated with any other permit.

(j)

Recording Procedures. It shall be the responsibility of the permit holder to maintain a copy of the tree permit, the data and drawings required by this section, and the conditions of approval imposed by the city arborist readily available at the site at all times during which the authorized work is in progress.

(Ord. No. 97332 § 4) (Ord. No. 2009-01-15-0001, § 2, 1-15-09; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)