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1998 Tree Ordinance
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1998 Tree Ordinance
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(2) In the event a plot plan for full development of the site has not <br /> been approved by the city, felling of trees shall be permitted only on a limited basis <br /> consistent with the preservation of the site's future development potential and <br /> preservation of important natural values as prescribed in the Metro Plan and this code, <br /> and consistent with the following criteria: <br /> (a) Wooded areas associated with natural drainage ways and water <br /> areas shall be retained to preserve riparian habitat and to minimize <br /> erosion; <br /> (b) Wooded areas that will likely provide an attractive on -site <br /> amenity to occupants of future developments shall be retained; <br /> (c) Wooded areas along ridgelines and hilltops shall be retained <br /> for their scenic and wildlife habitat values; <br /> (d) Wooded areas along property lines shall be retained to <br /> provide buffers from adjacent properties; <br /> (e) Trees shall be retained in sufficiently large areas and dense <br /> stands so as to ensure against windthrow; <br /> (f) Clear cuts of developable areas shall be avoided so as to <br /> retain a wooded character of future building sites, and preserve housing <br /> and design options for future city residents. <br /> (3) The city manager or designee may attach conditions to the approval <br /> of a permit to ensure the replacement of trees, landscape or otherwise reduce the <br /> effects of the felling, and may require the posting of a bond to ensure that all <br /> conditions are met. <br /> (Section 6.320 added by Ordinance No. 17072, enacted May 20, 1974; amended by Ordinance <br /> No. 18053, enacted September 26, 1977: Ordinance No. 18123, enacted March 13, 1978; and <br /> Ordinance No. 19927, enacted July 12, 1993.) <br /> 6.325 Appeal. Any person who is denied a permit, or is granted a permit <br /> with conditions, may appeal the denial or imposition of conditions, by <br /> filing a written notice of appeal with the city manager or designee within 15 days of <br /> the date of denial or the date of issuance of the permit with conditions imposed. In <br /> addition, any person who provided comments on an application pursuant to section <br /> 6.310(6), and who is dissatisfied with the action of the city manager or designee in <br /> granting a permit, whether with or without conditions, also may appeal by following the <br /> same procedures. The appeal shall be governed by section 2.021 of this code. The <br /> appeal must include the specific basis or bases upon which the appellant asserts that <br /> the decision was in error. <br /> (Section 6.325 added by Ordinance No. 17072, enacted May 20, 1974; amended by Ordinance <br /> No. 18123, enacted March 13, 1978: Ordinance No. 19926, enacted June 28, 1993; and <br /> Ordinance No. 19927, enacted July 12, 1993.) <br /> 6.330 Trees. Felling - Exceptions. The requirements and restrictions of <br /> sections 6.305 to 6.310 of this code or rules adopted thereunder do not <br /> apply to: <br /> (a) The action of any city officer or employe or of any public <br /> utility necessary to remove or alleviate an immediate danger to life or <br /> property; to restore utility service; or to reopen a public thoroughfare <br /> to traffic; <br /> (b) An occupied parcel of private property consisting of less <br /> than 20,000 square feet of area; <br /> (c) Felling of trees that are nuisances under section 6.010 of <br /> this code: <br /> TC -6 -21 09/04/96 <br />
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