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02 P&Z Agenda
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02 P&Z Agenda
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Last modified
11/8/2005 11:25:39 AM
Creation date
10/30/2003 8:42:41 PM
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AGENDA
Item Number
2
AGENDA - Type
REPORT
Description
Planning & Zoning Commission
AGENDA - Date
11/3/2003
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TREES § 32-7 <br /> <br /> street, alley, right-of-way or easement shall be <br /> made by any city department or any public util- <br /> ity or political subdivision of the state with au- <br /> thority to install utility lines or other public facil- <br /> ities in or above the property, street, alley, <br /> right-of-way or easement on which such tree is <br /> located, or by the owner of real property abutting <br /> upon the site of the tree or its crown. <br /> <br /> (b) Application for the removal of a protected <br /> tree located on privately owned property shall be <br /> made by the owner of the property on which such <br /> tree is located, except that any appropriate city <br /> official may make application to remove a tree <br /> that constitutes a hazard to the safety of persons <br /> or property, or that is seriously diseased, if the <br /> owner thereof cannot be located or if he fails to <br /> remove the protected tree within a reasonable <br /> time after notice so to do. <br /> (c) The city council may ~equire an application <br /> review fee in an amount to be estabIished by <br /> ordinance, to be paid at the time of submission of <br /> an application for removal of a protected tree. <br /> However, no fee shall be required for an applica- <br /> tion made by any city department or agency. Fur- <br /> ther, no fee shall be required for an application to <br /> remove a dead, diseased or hazardous tree pursu- <br /> ant to section 32-7(d). <br /> <br /> (d) An application for the removal of a protected <br /> tree must specify: <br /> <br /> (1) The approximate location of the tree. <br /> <br /> (2) The circumference of the trunk of the tree, <br /> as measured four and one-half (4~) feet <br /> above natural grade level. <br /> <br /> (3) The approximate crown size of the tree. <br /> <br /> (4) The species and/or common name of the <br /> tree. <br /> <br /> (5) The approximate size of the lot, tract, or <br /> parcel on which it is located. <br /> <br /> (6) The reason for the proposed removal. <br /> <br /> (7) Such other information as may be reason- <br /> ably required by the city arborist. <br /> <br /> (e) Where practicable, an application for tree <br />removal shall be combined with any other appli- <br />cations and/or site plans required by this Code for <br /> <br /> specific development projects, with all the infor- <br /> mation as listed in paragraph (d) of this section, <br /> included. <br /> (Code 1970, § 29~.6; Ord. No. 84-067, § 1, 9-10-84) <br /> <br /> Sec. 32-7. Action on application. <br /> <br /> (a) Upon receipt of an application to remove a <br /> protected tree, the city arborist shall promptly <br /> inspect the subject tree and the department of <br /> parks and recreation shall approve or deny the <br /> application in accordance with the provisions of <br /> this chapter. Approval is automatically granted <br /> ten (10) working days after application therefor if <br /> not denied during such interval; provided that, if <br /> a variance of special exception from the board of <br /> adjustment is required for approval of the appli- <br /> cation as provided by paragraph Co) of this sec- <br /> tion, then the department of parks and recreation <br /> shall have an additional thirty (30) da~s to pro- <br /> cess the application; provided further, that the <br /> applicant must be notified of the thirty-day ex- <br /> tension prior to the expiration of ten (10) days <br /> from the date of application. <br /> <br /> (b) The department of parks and recreation shall <br />approve an application for the removal of a pro- <br />tected tree located on .privately owned property <br />when a valid application therefor is received and <br />a showing is made that the tree is so located as to <br />prevent reasonable access to the property or as to <br />preclude reasonable and lawful use of the proper. <br />ty. Where removal of the tree would become un- <br />necessary if a variance or special exception were <br />granted by the board of adjustment in the appli- <br />cation of the zoning ordinance, no application shall <br />be approved except where such application for a <br />variance or special exception is denied. No appli- <br />cation fee for the variance or special exception . <br />shall be charged where such application is required <br />by this subsection. <br /> <br /> (c) The department of parks and recreation shall <br />approve an application for the removal of a pro- <br />tected tree in connection with construction, main- <br />tenance, or repair of public facilities in or above a <br />public street, alley, right-of-way or easement or <br />other public land under ~ne (1) or more of the' <br />following conditions: <br /> (1) The location of the tree prevents the open- <br /> lng of reasonable and necessary vehicular <br /> traffic lanes in a street or alley; <br /> <br />1899 <br /> <br /> <br />
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