§ 3-4-9. Tree permits required.

(a)

Protected tree removal permit . This permit is necessary to remove any protected tree on any lot within the City of Conway. Requests to remove protected trees shall be reviewed on a case-by-case basis by the city arborist. Prior to the issuance of a tree removal permit for a protected tree, the city arborist shall determine that one (1) or more of the following conditions exist:

(1)

The tree is considered hazardous per the definition in section 3-4-6(8);

(2)

The tree is dead or in irreversible decline as determined by the city arborist;

(3)

The tree has an untreatable disease or insect pest problem as certified by a registered forester, certified arborist, or by the city arborist;

(4)

The tree or its root system is causing visible damage to structures, and/or areas used for pedestrian and vehicular traffic;

(5)

The tree or its root system is causing damage to structures or underground utilities, as certified by a structural engineer;

(6)

Trees within power line easements that cannot be properly pruned by the local utility company;

(7)

Trees, after proper pruning, which remain classed as hazard trees;

(8)

The tree is located in the footprint of a proposed addition or expansion, and there are no practical alternative locations on the lot for the addition or expansion or practical means to build around the tree.

Protected trees may only be removed with the written approval of the city arborist. All protected tree removal permits are valid for six (6) months from the date of issue.

A condition of the protected tree removal permit may be mitigation as defined in section 3-4-10.

(b)

Landmark tree removal permit . This permit is necessary to remove any landmark tree on any lot within the City of Conway. Requests to remove landmark trees shall be reviewed on a case-by-case basis by the city arborist, then by the Conway tree board. The Conway tree board may authorize the city arborist to issue a landmark tree removal permit for the removal of a landmark tree provided the board determines one (1) or more of the following:

(1)

The tree is classed as a hazard tree, is in irreversible decline, and cannot be properly pruned to alleviate such condition;

(2)

The tree is diseased or infectious as certified by a registered forester or certified arborist or the city arborist and cannot be properly treated or pruned to alleviate such condition;

(3)

The tree is located on an undeveloped lot in such position that the lot cannot be developed in a reasonable and prudent manner. In this instance, the Conway tree board shall consider a request for a variance from a particular zoning requirement if it would alleviate the need to remove such landmark tree; and if so determined, initiate such request with the board of zoning appeals. In this instance, if no alternative to the removal of the landmark tree can be obtained, the Conway tree board may attach any conditions to the permit the tree board deems necessary to ensure compliance with the intent of this chapter;

(4)

The tree is causing visible structural damage to a building and no feasible alternative other than removal of such tree exists, as certified by a structural engineer.

All landmark tree removal permits are valid for six (6) months from the date of issue.

A condition of the landmark tree removal permit shall be mitigation as defined in section 3-4-10.

(c)

Tree cutting permit . This permit is necessary to remove any tree from any nonresidentially zoned lot in the city limits of Conway, any proposed or approved major residential development sites (more than five (5) lots or units or the creation of a new street proposed for dedication) or any residentially zoned lot two (2) acres or greater. All developments should strive to minimize the removal of existing trees. The following items shall be submitted to the city arborist when requesting a tree cutting permit and may be submitted on the same map:

(1)

A tree survey depicting all protected and landmark trees, all waterways, wetlands and setback areas.

(2)

A tree preservation plan prepared in accordance with section 3-4-8. This plan shall show the location, size and species of all trees proposed for protection.

(3)

A tree mitigation plan prepared in accordance with section 3-4-10. This plan shall show the location, size and species of all trees proposed for planting.

All trees proposed for protection or preservation must be clearly identified in the field prior to the issuance of a tree cutting permit by the city. All tree cutting permits are valid for two (2) years from the date of issue.

(Ord. No. 2007-11-12(A), 11/12/07; Ord. No. 2009-05-11(A), 5/11/09)