84-067 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING CHAPTER 29 1/2

Home Browse Search

securing approval from the department of parks and recreation, except as provided in subsections (b), (c), (d) or (e) below. (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 applica- tion 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 (5th) business day following the occurrence of the damage and provided further, that the Department of Parks and Recreation may extend this period in the case of widespread and extensive storm damage. (c) When site plan approval by the Planning 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 Chapter shall be shown on all site plans and such site plans depicting any such trees shall be submitted to the arborist for evaluation a.nd recommendation before submissian to the planning commission and/or City Council. Final approval of the site plan shall consti- tute approval for tree removal as to any protected tree indicated on the site plan a_s being removed by the approved development. (d) For all City of Paris, C.I.P. projects, the depar.tMent proposing the C.I.P project shall submit to the arborist, for evaluation and recommendation by the arborist, and C.I.P plans which are known at the time to involve the removal of such existing trees as would be protected by this Chapter prior to the City Coun- cil's public hearing on such C.I.P. project. City Council approval of the C.I.P project shall constitute approval for tree removal as to any protected tree identified at that time as being removed by the C.I.P project. For C.I.P projects which require site plan approval by the Planning 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 sub- section (c) above. Any other removal of a protected tree by a C.I.P. project which is not addressed by the preceding provisions of this subsection shall be subject to the general requirements of this Chapter. (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. In the event the City Arborist suspects an abuse of this subsection by a department of the City or a 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 year. Such a suspension would be appeal- able to the City Council whose judgment is final. Section 29k-5. Removal of Mature Trees. (a) No person or corporation shall remove or cause the removal o_f mare than 75% of mature trees from a plot, tract, lot or building site being developed for a non-residential use without first securing approval from the Department of Parks and Recreation.