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§ 32-3 PARIS CODE <br /> <br /> (b) The tree committee shall, with the concur- <br /> rence of the planning and zoning commission and <br /> city council promulgate written guidelines which <br /> shall, among other things, prescribe the measures <br /> required to protect trees against damage in con- <br /> nection with construction and property develop- <br /> ment, and shall further identify actions that will <br /> be interpreted as "removal" under the definition <br /> thereof in this chapter, including the identifica- <br /> tion of the root areas requiring protection against <br /> soil compaction or against, the effects of impervi- <br /> ous paving. <br /> (Code 1970, § 29~4-3; Ord. No. 84-067, § 1, 9-10-84) <br /> <br /> Sec. 32-4. Removal of protected trees. <br /> <br /> (a) No person or corporation shall remove or <br /> cause the removal of any protected tree without <br /> first securing approval from the department of <br /> parks and recreation, except as provided in para- <br /> graphs (b) through (e) of this section. <br /> <br /> (b) When any protected tree sustains damage <br />in the form of a broken trunk, broken limbs, or <br />uprooting, which creates a hazard to life or prop- <br />erty, no application shall be required for the re- <br />moval of the damaged part or parts of the tree, <br />provided that the removal is effected before the <br />beginning of the fifth business day following the <br />occurrence of the damage and provided further <br />that the department of parks and recreation may <br />extend this period in case of widespread and ex- <br />tensive storm damage. <br /> <br /> (c) When site plan approval by the planning <br />and zoning commission and/or city council is re- <br />quired by this Code for any development, the ac- <br />tual or schematic locations of such existing trees <br />as would be protected by this chapter shall be <br />shown on all site plans and such site plans depict- <br />ing any such trees shall be submitted to the arborist <br />for evaluation and recommendation before sub- <br />mission to the planning commission and/or city <br />council. Final approval of the site plan shall con- <br />stitute approval for tree removal as to any pro- <br />tected tree indicated on the site plan as being <br />removed by the approved development. <br /> <br /> ~d) For every city C.I.P., the department pro- <br />posing the C.I.P. shall submit to the arborist, for <br />evaluation and recommendation by the arborist, <br />any C.I.P. plans which are known at the time to <br /> <br /> involve the removal of such existing trees as would <br /> be protected by this chapter prior to the city coun- <br /> cil's public hearing on such C.I.P. City council <br /> approval of the C.I.P. shall constitute approval <br /> for tree removal as to any protected tree identi- <br /> fled at that time as being removed by the C.I.P. <br /> For any C.I.P. which requires site plan approval <br /> by the planning and zoning commission and/or <br /> city council prior to the commencement of con- <br /> struction, the removal of any protected tree not <br /> previously identified and approved for removal as <br /> provided by the preceding sentence shall be sub- <br /> ject to the provisions of paragraph (c) of this sec- <br /> tion. Any other removal of a protected tree by a <br /> C.I.P. which is not addressed by the preceding <br /> provisions of this paragraph shall be subject to <br /> the general requirements of this chapter. <br /> <br /> (e) When a protected tree must be removed or <br /> altered to protect existing utilities or to construct <br /> new utilities or to protect existing utilities in a <br /> right-of-way or easement. If the city arborist sus- <br /> pects an abuse of this paragraph by a department <br /> of the City or utility company, he may in writing <br /> request an explanation as to why a removal or <br /> alteration was necessary and should the city arberist <br /> find abuse he may suspend, in writing, the rights <br /> herein granted to such department or utility for a <br /> period of one (I) year. Such a suspension would be <br /> appealable to the city council whose judgment is <br /> final. <br /> (Code 1970, § 29Vz-4; Ord. No. 84-067, § 1, 9-10-84) <br /> <br /> Sec. 32-5. Removal of mature trees. <br /> <br /> (a) No person or corporation shall remove or <br />cause the removal of more than seventy-five (75) <br />percent of mature'trees from a plot, tract, lot or <br />building site being developed for a nonresidential <br />use without first securing approval from the de- <br />partment of parks and recreation. <br /> <br /> (b) Issuance of building permits for nonresiden- <br />tial development will require submission of an <br />acceptable replanting program when more than <br />seventy-five (75) percent of mature trees have been <br />removed without securing approval. <br />(Code 1970, § 29V2-5; Ord. No. 84-067, § 1, 9-10-84) <br /> <br />Sec. 32-6. Application for removal. <br /> <br /> (a) Application for the removal of a protected <br />tree located on public property or in any public <br /> <br />1898 <br /> <br /> <br />