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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 er its crown. <br /> <br /> Co) 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 /> <br /> (c) The city council may require an application <br />review fee in an amount to be established 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 (41/2) 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 /> (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) days 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 /> Co) 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 one (1) or more of the <br />following conditions: <br /> <br /> (1) The location of the tree prevents the open- <br /> ing of reasonable and necessary vehicular <br /> traffic lanes in a street or alley; <br /> <br />1899 <br /> <br /> <br />