An ordinance amending Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by amending Section 17.40.470 (Tree removal permit procedures) to require persons engaged in commercial tree service to obtain a tree removal permit and to require applicants for a tree removal permit to submit a plan for disposal.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending subsection A. of Section 17.40.470 by deleting the provisions of such subsection in their entirety and substituting in lieu thereof the following new subsection A.:

“A. Application Requirements. Any person desiring a tree removal permit, including any person or entity engaged in the business of tree removal services on commercial and/or residential property, shall make written application to the zoning administrator upon forms provided by the zoning administrator along with the following information:
1. The application shall include the name, address and telephone number of the landowner and/or agent.
2. Each application for a tree removal permit shall be accompanied by a tree survey based upon current information. The survey shall show the location, size and type of protected trees upon the site, including common or scientific names. The survey shall indicate which protected trees are intended for removal and/or grubbing and which will be left undisturbed. An application for new construction does not require a tree survey when a final site plan shows that the required tree density will be met by showing the location, size and type of new or existing protected trees upon the site which are to be installed or maintained as required to meet the tree density requirement. The urban forester shall exempt the applicant from the tree survey requirement if the request for tree removal is the result of tree maintenance, disease or death, and not new construction, and the urban forester is able to assess that the existing tree density is substantially maintained. A final site plan prepared to the same scale shall be submitted which illustrates the following:
a. The locations of existing and proposed buildings, layout of roads, utilities, parking areas for vehicles, storage areas for construction materials, and other items that disturb or compact the soil in tree root zones.
b. Existing and proposed grades and subsequent erosion control measures to prevent siltation over the roots of protected trees and appropriate tree protection fencing for protected trees.
3. Each application for a tree removal permit shall include a plan for disposal of the tree.
4. The application and accompanying documents shall be submitted in copies sufficient to administer this article.
5. The filing of an application shall be deemed to extend permission to the urban forester to inspect the subject site if necessary for purpose of evaluating the application.
6. Tree permits allowing for pruning or removal of trees necessitated by the installation and/or on-going maintenance of public utilities and communications facilities may be issued by the urban forester to public utilities and communications facilities for a period of one year and may be renewed annually subject to continued compliance with the conditions of this article.

Section 2. That this Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	May 18, 2004
Passed First Reading:	May 18, 2004
Referred to:	Planning Commission – Approved 6-0 (June 24, 2004) Planning & Zoning Committee
Passed Second Reading:	July 6, 2004
Passed Third Reading:	July 20, 2004
Approved:	July 27, 2004
By:
Effective:	July 30, 2004