The plat shall include a survey not older than 2 years old of all hardwood trees six (6) caliper inches and larger (measured four and one-half feet above ground level), and shall include all tree locations, caliper inches and types. Trees shall be represented by circles using the formula of one foot of radius for every one (1) inch of trunk caliper. Unbroken circles shall indicate trees that will remain and dashed circles shall indicate trees proposed for removal.

Tree surveys must be as accurate as possible, but need not be certified. Levels of inaccuracy, which will result in a failure to comply with the City tree preservation, design criteria and construction specifications may necessitate new surveys and plan adjustments and a variance, either prior to permit approval or project release.
 

A developer or homeowner may remove protected trees whose total diameters are not more than thirty percent (30%) of the diameter inches of all protected trees on the site without being subject to the tree replacement requirements. To calculate this the Director of Planning or their designee shall first calculate the total number of diameter inches of protected trees on the site, then the developer or homeowner may remove protected trees whose total diameters are not more than thirty percent (30%) of the diameter inches of all protected trees on the site. This shall first be applied to the smallest protected tree on the site and then to the remainder of the protected trees in ascending order according to their diameters. If the developer or homeowner wishes to remove more than thirty percent (30%) of the diameter inches of all protected trees on the site, the developer or homeowner shall comply with the requirements of Subsection (c) for trees in excess of said thirty percent (30%).

---

General requirements.
(A) Existing trees and vegetation shall be left undisturbed to the maximum extent possible. Except as otherwise provided in § 6.0701(c)(3) Exceptions or in accordance with Subsection (B) below, it is unlawful to remove a protected tree without written approval of the Director of Planning, or their designee.

(B) Preliminary plans and site development plans depicting any protected trees shall be submitted to the Director of Planning, or their designee for evaluation and recommendation for administrative approval or, when required, submission to the Planning and Zoning Commission. Final approval of the final plat or site plan constitutes an approval for removal of a protected tree, provided it is specifically identified on the plat or site plan as being removed with the development and provided that each such removal is specifically reviewed and approved by the Director of Planning, or their designee.

(C) The location of all proposed buildings and improvements shall be oriented by the applicant, to the greatest extent in a manner which allows for the preservation of protected trees.

(D) In the case of new development, any mitigation or contribution required under this section shall be satisfied prior to issuance of a final certificate of occupancy or commencement of permanent utilities.

(E) All pruning must be performed by an International Society of Arboriculture (ISA) certified arborist, or under the supervision of an ISA certified arborist and must follow the American National Standards Institute (ANSI) A300 standards.

(F) Oak wilt is an incurable disease caused by fungus that affects mainly live oaks and red oaks. The fungus clogs water-conducting tissues called xylem, which prevents water from reaching the leaves and causes the tree to wilt and die. Equipment used for trimming, cutting, treating, or removing diseased trees will be sterilized after each tree is completely cut and before proceeding to the next tree. A solution of nine parts water to one part bleach is recommended for sterilization of all trimming equipment. Equipment shall be sterilized after each cutting. Pruning should be accomplished between the months of October and January. Treat and cover tree wounds as they are made.

---

Application requirements.
(A) Application for the removal of a protected tree located on public property or in any public street, alley, right-of-way, or easement shall be made by any City department or any public utility or political subdivision of the State with authority to install utility lines or other public facilities in or above the property, street, alley, right-of-way or easement on which such tree is located, or by the owner of real property abutting upon the site of the tree or its crown.

(B) Application for the removal of a protected tree located on privately owned property shall be made by the owner of the property on which such tree is located, except that an appropriate City official may make application on behalf of the owner of the property on which the tree is located to remove a tree that constitutes a hazard to the safety of persons or property, or that is seriously diseased.

(C) The application shall be via the City’s protected tree removal application form, signed by the applicant or their authorized representative, and submitted to the Director of Planning, or their designee.

(D) Upon receipt of a completed application for removal of a protected tree, the Director of Planning, or their designee shall inspect the subject tree and shall approve or deny the request within a period of ten (10) working days. The Director of Planning, or their designee shall promptly send written notice of such approval or denial to the applicant.

(E) The Director of Planning, or their designee shall not approve a protected tree removal application unless such removal is within the spirit and intent of this Chapter. See § 6.0701(c)(4)(E) for details.

(F) If a protected tree removal is approved pursuant to the provisions of this subsection, the applicant must comply with all applicable provisions of this section, including mitigation.

(G) Approval for removal of a protected tree shall remain valid for the shorter of:

---

Mitigation; on-site. See § 6.0701(c)(5) Mitigation; on-site for details.
Mitigation, off-site or cash in lieu of. See § 6.0701(c)(6) Mitigation; off-site or cash in lieu of for details.

---

Protected tree protection during construction.
(A) Prior to the commencement of any development, a tree protection fence constructed of approved materials shall encompass the CRZ or the dripline, whichever is greater, of any protected tree. Said tree protection fence must be maintained throughout the construction process.

(B) During construction, no materials including but not limited to excess soil, vehicles, equipment, liquids, trash, or construction debris may be placed inside of the tree protection fence, nor shall the tree protection fence be altered in any way so as to increase the encroachment of the construction.

(C) Excavation, grading, soil deposit, impervious covering, drainage and leveling within the CRZ of protected trees is prohibited unless approved by the Director of Planning, or their designee. Any impervious cover proposed within the CRZ of a protected tree will be reviewed on a case-by-case basis by the Director of Planning, or their designee upon field inspections and/or plan reviews. In any case, generally no more than 25% of the CRZ of any protected tree can be covered with impervious cover. Any protective fencing being used around protected trees may only be reduced while impervious cover activity is being done. The remainder of the protective fencing must stay intact for the duration of the project.

(D) The attachment of wires, signs and ropes to any protected tree is prohibited.
(E) At applicant’s expense, an ISA certified arborist or their employee(s) shall be present whenever activities occur which will pose a potential threat to the health of the protected tree such as pruning, or whenever any work needs to be done within the CRZ of such tree.

(F) The applicant shall notify the Director of Planning, or their designee whenever any damage or injury occurs to a protected tree during construction so that proper treatment may be administered.

---

Violations; penalties. See § 6.0701(c)(8) Violations; penalties for detailed information.

Appeals. 
If a protected tree removal application, or heritage tree removal or pruning application is denied by Director of Planning, or their designee, the applicant may appeal the denial to the City Council in writing by no later than the tenth (10th) business day following the date of such denial.

See § 6.0704 Preferred Tree List. for a list of preferred trees.

See § 6.07: Tree Inventory, Protection, and Preservation for more detailed information.
See Chapter 6.00: Site Development and Design Standards for complete, detailed information.