§ 114-73. Criteria for tree removal.

Tree removal may be approved where design modifications are not feasible or reasonable and one or more of the following circumstances exist:

(1)

Street opening. The location of a tree unreasonably restricts the opening of a street or road right-of-way.

(2)

Utilities and drainage. The location of the tree unreasonably restricts the construction of utility lines or drainage facilities.

(3)

Property access. The location of the tree unreasonably restricts access to the property.

(4)

Property use. The tree unreasonably prevents development of a lot or parcel or the physical use thereof. It is the intent of this subsection that no permit shall be granted for the removal of any tree where the applicant has failed to design and locate the proposed improvements to minimize the removal of trees consistent with the permitted use of the property under chapter 118.

(5)

Hazards. The tree constitutes a hazard to life or property which cannot be mitigated without removing the tree.

(6)

Poor health care. The tree is dying or dead, so that its restoration to sound condition is not practical, or the tree has a disease which can be expected to be transmitted to other trees and to endanger their health.

(7)

Relocation limitations. The trees cannot reasonably be relocated on or off the site because of age, type, or size based upon accepted forestry practices.

(Code 1988, § 12.5-53)