§ 113-4. Applicability/exemptions.

The provisions of this chapter shall apply to any land disturbing activity on real property within the corporate limits of the city and to any removal or destruction of a tree with a DBH of six inches or greater regardless of whether it is associated with land disturbing activity. The following activities shall be exempt from the provisions of this chapter.

(1)

Activities performed by a federal, state, county, municipal or other governmental agency during the course of their daily work shall be exempt from this article. However, best management practices for tree care shall be incorporated into the activities.

(2)

When the Community Development Director finds that any tree presents a danger or hazard to the health, safety and welfare of the public, such tree may be removed immediately by the owner or the owner's agent upon written authorization by the Community Development Director.

(3)

During a period of any emergency, such as a tornado, ice storm, flood or any other act of nature, the requirements of this chapter may be waived by the Community Development Director.

(4)

The removal of trees within burial plots.

(Ord. No. 21-2012, pt. 1, 8-6-2012)