(a)
The
purpose of this article is to establish a city policy regarding the
largest and most valuable trees in the city. Trees are hereby declared
to be of great value in the maintenance of the public health and welfare
of the inhabitants of the city, in the conservation of vital energy
resources, and in the preservation of the city’s historical
heritage.
(b)
Trees
are a valuable amenity to the urban environment, creating greater
human comfort by providing shade, cooling the air and atmosphere,
reducing glare, reducing noise levels, and breaking the monotony of
urbanized development on the land, all of which aid in protecting
the health and general welfare of the community. They greatly reduce
the requirements for air conditioning, thereby reducing the demands
for utilization of scarce energy sources.
(c)
Many
trees were growing when Paris was selected as a town site. These trees
should be preserved to the maximum extent feasible for the education
and enjoyment of future generations, since large, old trees, if destroyed,
can be replaced only after generations of time.
(1970 Code, sec. 29-1/2-1; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-1)
For the purposes of this article, the following terms shall
have the special meanings respectively ascribed to them below, which
special meanings shall govern in case of any conflict with other definitions
set forth in this code:
Written approval from the department of parks and recreation
pursuant to a duly executed application for approval made on a form
promulgated by the department of parks and recreation.
Capital improvement project.
A tree having a trunk circumference of at least ten (10)
inches but less than sixty (60) inches measured four and one-half
(4-1/2) feet above natural grade level.
The person who has legal title to the property or a lessee,
agent, employee or other person acting on behalf of the title holder
with authorization so to do.
Any tree having a circumference of sixty (60) inches or more,
measured four and one-half (4-1/2) feet above natural grade level.
As applied to protected trees, means uprooting, severing
the main trunk of the tree or any act which causes or may reasonably
be expected to cause the tree to die, including but not limited to
damage inflicted upon the root system by machinery, storage of materials,
or soil compaction; substantially changing the natural grade above
the root system or around the trunk; excessive pruning; or paving
with concrete, asphalt, or other impervious material in a manner in
which may reasonably be expected to kill the tree.
A tree shall be defined and will qualify as such if either
of the following are met:
(1970 Code, sec. 29-1/2-2; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-2)
(a)
This
article shall be implemented by the director of the department of
parks and recreation, who is hereby designated city arborist until
such time as he appoints his successor. He shall oversee regulation
of the care and removal of protected trees growing now or hereafter
in the city, and shall enforce and administer the provisions of this
article.
(b)
The
tree committee shall, with the concurrence of the planning and zoning
commission and city council, promulgate written guidelines which shall,
among other things, prescribe the measures required to protect trees
against damage in connection with construction and property development,
and shall further identify actions that will be interpreted as “removal”
under the definition thereof in this article, including the identification
of the root areas requiring protection against soil compaction or
against the effects of impervious paving.
(1970 Code, sec. 29-1/2-3; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-3)
(b)
When
any protected tree sustains damage in the form of a broken trunk,
broken limbs, or uprooting, which creates a hazard to life or property,
no application shall be required for the removal of the damaged part
or parts of the tree, provided that the removal is effected before
the beginning of the fifth business day following the occurrence of
the damage and provided further that the department of parks and recreation
may extend this period in case of widespread and extensive storm damage.
(c)
When
site plan approval by the planning and zoning commission and/or city
council is required by this code for any development, the actual or
schematic locations of such existing trees as would be protected by
this article shall be shown on all site plans and such site plans
depicting any such trees shall be submitted to the arborist for evaluation
and recommendation before submission to the planning commission and/or
city council. Final approval of the site plan shall constitute approval
for tree removal as to any protected tree indicated on the site plan
as being removed by the approved development.
(d)
For every city CIP, the department proposing the CIP shall submit to the arborist, for evaluation and recommendation by the arborist, any CIP plans which are known at the time to involve the removal of such existing trees as would be protected by this article prior to the city council’s public hearing on such CIP. City council approval of the CIP shall constitute approval for tree removal as to any protected tree identified at that time as being removed by the CIP. For any CIP which requires site plan approval by the planning and zoning commission and/or city council prior to the commencement of construction, the removal of any protected tree not previously identified and approved for removal as provided by the preceding sentence shall be subject to the provisions of subsection (c) of this section. Any other removal of a protected tree by a CIP which is not addressed by the preceding provisions of this subsection shall be subject to the general requirements of this article.
(e)
When
a protected tree must be removed or altered to protect existing utilities
or to construct new utilities or to protect existing utilities in
a right-of-way or easement. If the city arborist suspects an abuse
of this subsection by a department of the city or utility company,
he may in writing request an explanation as to why a removal or alteration
was necessary and should the city arborist find abuse he may suspend,
in writing, the rights herein granted to such department or utility
for a period of one (1) year. Such a suspension would be appealable
to the city council, whose judgment is final.
(1970 Code, sec. 29-1/2-4; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-4)
(a)
No
person or corporation shall remove or cause the removal of more than
seventy-five (75) percent of mature trees from a plot, tract, lot
or building site being developed for a nonresidential use without
first securing approval from the department of parks and recreation.
(b)
Issuance
of building permits for nonresidential development will require submission
of an acceptable replanting program when more than seventy-five (75)
percent of mature trees have been removed without securing approval.
(1970 Code, sec. 29-1/2-5; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-5)
(a)
Trees located on public property, street or easement.
Application for the removal of a protected tree located on public
property or in any public street, alley, right-of-way or easement
shall be made by any city department or any public utility or political
subdivision of the state with authority to install utility lines or
other public facilities in or above the property, street, alley, right-of-way
or easement on which such tree is located, or by the owner of real
property abutting upon the site of the tree or its crown.
(b)
Trees located on private property.
Application for the
removal of a protected tree located on privately owned property shall
be made by the owner of the property on which such tree is located,
except that any appropriate city official may make application to
remove a tree that constitutes a hazard to the safety of persons or
property, or that is seriously diseased, if the owner thereof cannot
be located or if he fails to remove the protected tree within a reasonable
time after notice so to do.
(c)
Fee.
The city council may require an application review fee in an amount to be established by ordinance, to be paid at the time of submission of an application for removal of a protected tree. However, no fee shall be required for an application made by any city department or agency. Further, no fee shall be required for an application to remove a dead, diseased or hazardous tree pursuant to section 9.07.007(d).
(d)
Required information.
An application for the removal
of a protected tree must specify:
(1)
The approximate location of the tree.
(2)
The circumference of the trunk of the tree, as measured four and
one-half (4-1/2) feet above natural grade level.
(3)
The approximate crown size of the tree.
(4)
The species and/or common name of the tree.
(5)
The approximate size of the lot, tract, or parcel on which it is
located.
(6)
The reason for the proposed removal.
(7)
Such other information as may be reasonably required by the city
arborist.
(1970 Code, sec. 29-1/2-6; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-6)
(a)
Upon receipt of an application to remove a protected tree, the city arborist shall promptly inspect the subject tree and the department of parks and recreation shall approve or deny the application in accordance with the provisions of this article. Approval is automatically granted ten (10) working days after application therefor if not denied during such interval; provided that, if a variance or special exception from the board of adjustment is required for approval of the application as provided by subsection (b) of this section, then the department of parks and recreation shall have an additional thirty (30) days to process the application; provided further that the applicant must be notified of the thirty-day extension prior to the expiration of ten (10) days from the date of application.
(b)
The
department of parks and recreation shall approve an application for
the removal of a protected tree located on privately owned property
when a valid application therefor is received and a showing is made
that the tree is so located as to prevent reasonable access to the
property or as to preclude reasonable and lawful use of the property.
Where removal of the tree would become unnecessary if a variance or
special exception were granted by the board of adjustment in the application
of the zoning ordinance, no application shall be approved except where
such application for a variance or special exception is denied. No
application fee for the variance or special exception shall be charged
where such application is required by this subsection.
(c)
The
department of parks and recreation shall approve an application for
the removal of a protected tree in connection with construction, maintenance,
or repair of public facilities in or above a public street, alley,
right-of-way or easement or other public land under one or more of
the following conditions:
(1)
The location of the tree prevents the opening of reasonable and necessary
vehicular traffic lanes in a street or alley;
(2)
The location of the tree prevents the construction of utility lines
or drainage facilities which may not feasibly be rerouted;
(3)
The location of the tree prevents all reasonable access to the property;
(4)
The denial of approval of such application would deny a political
subdivision of the state the reasonable use of public property for
the achievement of its public purposes.
However, protected tree removal in connection with a city CIP shall be governed by section 9.07.004(d). Further, any approval under this subsection (c) may be reviewed by the planning and zoning commission at its discretion.
(d)
Notwithstanding
any of the foregoing provisions of this section, the department of
parks and recreation shall approve an application for the removal
of a protected tree under the following circumstances:
(1)
The city arborist determines that the tree constitutes a hazard to
life or property which cannot reasonably be mitigated without removing
the tree; or
(2)
The city arborist determines that the tree is dying/dead or is diseased
to the point that its restoration to sound condition is not practicable,
or that its disease can be expected to be transmitted to other trees
and to endanger their health.
(e)
No approval, except an approval to remove a dead, badly diseased, or hazardous tree, shall become effective until the third working day after it is granted. Every approval for tree removal shall automatically expire one (1) year from its effective date, except approvals pursuant to section 9.07.004(c) and (d), which shall be in effect for the duration of the approvals provided by said subsections.
(f)
The
parks and recreation department, planning and zoning commission or
city council, as the case may be according to this article, may require
as a condition for approval that a replacement tree be planted. Any
such condition must be met within twelve (12) months after removal
of the protected tree.
(1970 Code, sec. 29-1/2-7; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-7)
In all nonresidential zoning districts wherein a front yard
is required it shall include at least a twenty (20) percent greenbelt
landscaped area. In all nonresidential zoning districts wherein a
front yard is not required but the property is being developed with
a front yard, it shall include at least a twenty (20) percent greenbelt
landscaped area in such front yard. Such greenbelts shall include
one (1) tree at least six (6) feet tall for the first ten thousand
(10,000) square feet of the lot being developed and one (1) additional
tree for each additional twenty-five thousand (25,000) square feet
of the lot being developed.
(1970 Code, sec. 29-1/2-8; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-8)
(a)
If
a protected tree removal application is denied, the applicant therefor
may appeal such action to the planning and zoning commission by filing
written notice of such appeal with the director of parks and recreation
department within ten (10) days of notice to such applicant of the
denial of the application by the department of parks and recreation.
The commission shall have thirty (30) days from the date of appeal
to review such denial. The commission may affirm or reverse the determination
of the parks and recreation department. If the commission fails to
act within thirty (30) days, the appeal shall be automatically granted
and the approval shall be granted per the original application. The
commission shall adopt written findings of fact for every appeal authorized
hereunder.
(b)
An
applicant for a protected tree removal who is aggrieved at any determination
or ruling of the planning commission on a matter before it under this
article may appeal such action to the city council by filing written
notice of such appeal with the city clerk within ten (10) days of
the action of the commission. The city council shall act on the appeal
within thirty (30) days from the date of the filing of the appeal.
If the city council fails to act within thirty (30) days, the appeal
shall be automatically granted and the approval shall be granted per
the original application. The city council may affirm or reverse the
determination of the commission and shall either adopt or modify the
findings of fact of the commission, which findings may be reduced
to writing or may be entered in the minutes.
(1970 Code, sec. 29-1/2-9; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-9)
In any case where engineering or design standards, departmental policies, or departmental rules establish conditions that cannot be met in a specific situation without removal of a protected tree, the city department or agency responsible for enforcing the standard, policy, or rule shall, upon request of the department of parks and recreation, determine what specific adverse effect would result from waiver or modification of such standard, policy, or rule, or application thereof, to the extent necessary to save the tree. If the responsible department or agency determines that there is no serious and imminent adverse effect, the standard, policy, or rule may be modified or waived. Irreconcilable differences of opinion between the department of parks and recreation and other city departments as to the seriousness of such adverse effects as may result from waiver or modification of the standard, policy or rule in question shall be resolved by the city manager. All determinations required to be made under this section, including the resolution of departmental conflicts by the city manager, shall be made before the expiration of ten (10) working days from the date of the application for tree removal, in accordance with section 9.07.007(a).
(1970 Code, sec. 29-1/2-10; Ordinance 84-067, sec. 1, adopted 9/10/84; 1988 Code, sec. 32-10)
