No person, directly or indirectly, shall cut down, destroy, remove, move or effectively destroy through damaging any protected tree situated on property regulated by this article without first obtaining a tree removal permit, unless otherwise specified in this article.
(1998 Code, sec. 96.04)
(a) 
The landscape administrator shall be responsible for the review and approval of all requests for tree removal permits submitted in accordance with the requirements specified herein.
(1) 
Deferrals.
The landscape administrator may defer the approval of a tree removal permit to the tree board at his or her discretion.
(2) 
Appeals.
Any decision made by the landscape administrator may be appealed to the tree board.
(b) 
Any decision made by the tree board may be appealed to the town council. The decision of the town council shall be final.
(1998 Code, sec. 96.05)
(a) 
Administrative procedures.
The landscape administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this article.
(b) 
Request for permit.
A request for a tree removal permit must be submitted and approved prior to the removal of any protected tree in the town unless the tree is exempt under a provision of this article. The request must state the reason the applicant is requesting tree removal.
(c) 
Fee.
All tree removal permits shall be accompanied by a payment made to the town in the amount specified by the town council in a fee schedule.
(d) 
Required documents.
A tree survey, submitted in accordance with the requirements of appendix D at the end of this article, is required for all permit requests. Additionally, a construction plan, in accordance with appendix E at the end of this article, shall be required for new residential and commercial construction and must include the items referenced in this article and its appendices.
(e) 
Expiration.
Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building permit’s or site plan’s validity. Permit(s) for tree removal not issued in connection with a building permit or a site plan shall become void 180 days after the issue date on the permit.
(1998 Code, sec. 96.06)
The issuance of a tree removal permit shall be based on the following criteria:
(1) 
Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the tree.
(2) 
The cost of preserving the tree.
(3) 
Whether the tree is worthy of preservation. Trees listed as marginal trees in appendix C at the end of this article are usually not considered worthy of preservation, but this shall depend upon the individual characteristics of the tree.
(4) 
The effect of the removal on erosion, soil moisture, retention, flow of surface waters and drainage systems.
(5) 
The need for buffering of residential areas from the noise, glare, and visual effects of nonresidential uses.
(6) 
The extent, if any, that the tree interferes with provision of a utility service.
(7) 
Whether the proposed tree replacement pursuant to the tree replacement requirements hereof adequately mitigates the removal of the tree.
(8) 
Whether the removal affects the public health, safety or welfare.
(9) 
Whether the requirement places an unreasonable burden on the development.
(10) 
Whether extraordinary hardship or practical difficulty will result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal.
(1998 Code, sec. 96.07)