29

Section 20-29 Restrictions on cutting trees on publicly and privately owned property; exceptions.

(a) Except as provided in subsection (b), no person shall cut, remove, trim or in any way damage any tree on any property owned by the city, nor shall any person create any condition injurious to any such tree unless written application to do so is made to the Tree Committee and advance written permission from the Tree Committee is obtained.

(b) The city, any agency of the city, and any public utility, including any supplier of electricity, supplier of telephone services or supplier of cable television services, shall be exempt from the provisions of subsection (a) with respect to any cutting, removing or trimming of trees in the normal course of maintaining existing service lines; provided, however, that in maintaining such service lines, any such exempt party shall comply with the procedures set forth in Exhibit A, a copy of which is on file in the city Planning Department. Notwithstanding the provisions of subsection (a), whenever it is determined by the city Planning Department that a tree constitutes a risk of danger to the public, the city manager or his designee is authorized to cause the tree to be cut down or removed.

(c) No exceptional tree(s) as defined in Section 20-27 shall be removed from industrial, commercial or residential property as a part of any development or redevelopment unless written application therefor is made to the Tree Committee and advance written permission is obtained from the Tree Committee. No pruning of any exceptional tree(s) as contemplated in this subsection shall take place except in accordance with the standards set forth at ANSI (American National Standards Institute) Standard Z133.1, a copy of which is on file at the city Planning Department.

(d) No exceptional tree(s) as defined in Section 20-27 shall be removed from existing commercial or industrial property unless the property owner makes written application therefor to the Tree Committee and unless advance written permission is obtained from the Tree Committee. No pruning of any exceptional tree(s) as contemplated in this subsection shall take place except in accordance with the standards set forth at ANSI (American National Standards Institute) Standard Z133.1, a copy of which is on file at the city Planning Department.

(e) No exceptional tree(s) as defined in Section 20-27 shall be removed from the required front yard set back areas in existing residential or agricultural areas unless the property owner makes written application therefor to the Tree Committee and advance written permission is obtained from the Tree Committee. No pruning of any exceptional tree(s) as contemplated in this subsection shall take place except in accordance with the standards set forth at ANSI (American National Standards Institute) Standard Z133.1, a copy of which is on file at the city’s Planning Department.

(f) Legitimate agricultural activities and timber harvesting conducted as part of a timber management plan shall be permitted, provided a written application for such activity is submitted to the Tree Committee and advance written permission is obtained from the Tree Committee.

(Code 1958, 22B-3; Ord. of 4-10-95, II; Ord of 7-26-04; Ord of 2-28-05)

(2005(20-29), Amended, 02/28/2005, added pruning standards, Prior Text; 20-28/29, Renumbered, 07/26/2004, sections 20-28 combined with 20-29 but text unchanged, Prior Text)