§ 27-445. Permit required for tree removal or relocation.

No person shall directly or indirectly cut down, destroy, remove or move, or effectively destroy through damaging, or authorize the cutting down, destroying, removing, moving, or damaging of any living trees greater than six (6) inches or more in diameter or two (2) feet in circumference, whichever dimension is lesser, at a point four and one-half (4½) feet above ground level, without an arbor permit. Trees which require such permit for removal or relocation shall hereinafter be called "regulated trees."

(1)

Exceptions are as follows:

a.

No heritage or champion tree as defined in this article may be removed or relocated except as noted in section 27-448.

b.

Trees which cause, or that can be demonstrated by competent evidence will in the near future cause, structural damage from roots, absorption of large amounts of water causing soil expansion and contraction, or of a potential damage to life and property or other structural problems to buildings or underground facilities, may be removed, relocated or replaced with the approval of the appropriate board for projects requiring board approval, or the city manager or designee for other projects. Such trees shall require an arbor permit, and the city manager or designee shall verify the conditions for removal prior to issuance of the arbor permit.

c.

Removal or relocation of regulated trees subject to development plan approval. A separate arbor permit will not be required in conjunction with developments requiring development plan approval. Plans for tree removal or relocation will be considered and either approved or denied as part of the development review process. After a certificate of occupancy has been issued for a development, any tree removal shall require either an arbor permit or an approved plan amendment. Failure to obtain a permit before removing or relocating a regulated tree shall be subject to the measures in section 27-455.

d.

Any tree that poses a danger to city infrastructure or property may be removed by order of the city manager.

e.

Any tree in the opinion of the city manager that poses a life safety threat may be taken down upon written approval of the city manager.

f.

Pine and palm trees of all species are not considered regulated trees by this article and no arbor permit is needed for their removal from private property.

(2)

Removal of trees located in a buildable area, yard area, or street right-of-way where a structure or improvement is to be placed and for which a permit application has been filed, when the tree unreasonably restricts the permitted use of the property, may be approved by the city manager or designee. An application for arbor permit must be filed, per the requirements of section 27-452. Replacement trees may be required for any trees removed.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2004-19, § I, 1-3-05; Ord. No. 2006-02, § 1, 3-6-06; Ord. No. 2006-12, § I, 7-10-06)