01-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Tree Preservation Page 2 of 3 Criteria for issuance of clearing permits The Building Official shall issue a permit if the request meets the following requirements: • Application - An application for the permit must be filed by the owner of the property where the tree is located. • Tree in a poor condition, hazards, low value trees -The tree in question is diseased, severely damaged or dead, or the tree creates a hazard to human life or an existing building. • Tree is impediment to proposed use of the subject site -The tree in question causes an unreasonable impediment for enjoyment of the property. These are requirements for tree protection when any development or improvement work is being done on a property. The person desirous of developing or improving the property shall obtain a clearing permit, which would allow clearing of buildable areas only. The purpose of this section is to encourage the preservation of existing large trees on the development tracts but no provision for replacement trees. Recommended Requirements: Tree Replacement -The removal or damage to a native or protected trees shall require tree replacement of one or more newly planted trees on the same subject site. The owner/developer shall plant and maintain such replacement trees in reasonable proximity to the subject site. The enforcement officer shall use reasonable or best efforts to determine the type and number of replacement trees. Minimum Size. Replacement trees must have a trunk diameter of at least two inches measured six inches from the ground. Qualified trees. A tree must comply with the recommended tree list "native or protected" of the City. Standard of review. The enforcement officer, designated by the Director of Parks & Recreation, shall use reasonable or best efforts to determine the type and number of replacement trees required to minimize any undue burden on the owner/developer. Trees in street areas. The enforcement officer must confirm there are no visibility concerns in the street area prior to issuing a permit.