§ 9-705. Requirements for removal of specifically protected trees.

In all areas within the town limits, whether previously developed or not, specifically protected trees shall be protected and shall not be removed, except in accordance with the following requirements:

(a)

A tree removal permit shall be obtained from the inspector prior to cutting or removing a specifically protected tree.

(b)

The applicant must state in writing on the application that such activity will enhance the health, safety and welfare of the public, or otherwise benefit the public interest, and the applicant must offer evidence to that effect. An example of an activity for the public interest would be the removal of a hazardous tree that may fall on a sidewalk or roadway, or a tree that blocks vision at an intersection.

(c)

The following facts shall be grounds supporting approval of an application for a tree removal permit for removal of a specifically protected tree:

(1)

The tree is a hazard to traffic, public utilities, buildings or structures;

(2)

The tree is injured, diseased or insect-infested such that it is a hazard to people, structures or other trees;

(3)

The tree prevents access to a lot or parcel and no alternative location for access is feasible; or

(4)

The tree prevents the placement of a lawfully permitted structure and there is no other suitable alternative location for the structure on the site.

(d)

It shall be unlawful for any person to place soil in the critical root zone of a specifically protected tree such that the roots of the tree(s) may be damaged or the soil may, in any way, cause the tree to become diseased or die.

(e)

It shall be unlawful to trim or prune the limbs in an excessive manner or to harm in any fashion a specifically protected tree in an excessive manner so as to cause it permanent damage or disfiguration.

(f)

The tree inspector shall require the submission of the opinion of a licensed arborist to document evidence of the above listed facts.

(g)

The tree inspector is empowered to issue or deny the permit based on the application and the evidence submitted.

(h)

On parcels of land where a residential clearing or development clearing permit is being issued in lieu of an individual permit for specifically protected trees, all the evidence, procedures, and inspections required for a tree removal permit to remove a specifically protected tree shall apply and the location, size, species and critical root zones of specifically protected trees shall be clearly shown on the building or development permit plans.

(Ord. No. 234, 2-20-01; Ord. No. 335, 6-17-2008)