HomeMy WebLinkAbout01042007 BSC Agenda Item 4 • Page 1 of 1
Josie Orosco
Subject: FW: Tree ordinance update
Thanks for the update.
Just a couple of comments....
I really like the chart, I think that will work to simplify things for applicants. The ordinance refers to Class 1 to 4
trees, we should probably change the table from Category to Class.
Item 7 - Not sure if this is in response to an issue Debbie and I discussed...if it is, my concern was not so much on
the Minimum Planting Standard "cap" as it was in the reduction in replacement inches required for removed trees
when a subject lot meets 1.5 times the Minimum Planting Standard with trees to be preserved. The ordinance
allows for reduction in replacement inches required but does not indicate how much of a reduction, other than
stating the OF is to use judgment. The only way a reduction can be granted is if the applicant ask for one and not
many builders know about the reduction so it is not requested often. However, when it is requested quite often
the builder wants a complete and total reduction. It would be helpful from an enforcement standpoint if we had
some type of criteria or chart. Maybe if the existing trees meet 1.5 times the Minimum Planting Standard(MPS) a
25% reduction, 2.0 times a 30% reduction, 2.5 times or greater a 50% reduction in required replacement planting.
I don't think we should get too carried away with the amount of reduction, as that would compromise the intent of
the ordinance (at least my understanding of the intent). My understanding is the ordinance is intended to have a
stiff enough penalty for tree removal in replacement inches to discourage builders from wanting to remove large
trees. If a lot does not have adequate room for replacement trees the Tree Trust funds and contributions to the
funds were established for that situation. What do you all think?
Please let me know if you have any questions or need any additional information.
Thanks,
Craig
01/04/2007
• Page 1 of 1
Josie Orosco
To: Debbie Scarcella
Subject: RE: Tree ordinance update
1. Consolidate permit types. Consolidate the two permit types—make just one "tree
permit." Application requirements and condtions would vary, as appropriate.
2. Prior notice. Require prior notice ce to the UF
before killing most trees 2-inches or larger,
except Category IV. Allow free, quick notice (fax, email, etc.)
3. Use charts. Consider using charts to illustrate key provisions, like the notice/permit
requirements. See attached as an example (also pasted below).
4. Utilities. Clarify when utilities must notify neighbors and must get permits. Consider
"standing" permits. Allow tree removals to protect utility facilities. No
replacement required? Check new franchise ordinance.
5. Applicants. Allow anyone to apply for a permit—but put the burden on that person to notify
tree owner(s) and obtain their consents. Maybe make that person notify the
adjoining neighbors in advance of major tree work (say, removing 12-inch or
larger trees)? Notice could be posted on the site, or maybe post cards.
6. Tree measurements. Restate all sizes as trunk diameter (and provide for converting
circumference or "belt" measurements).
7. Mimimum Planting Standard. Check and clarify the minimum planting standard "cap" on
replacement inches.
01/03/2007
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Table 82-1. Requirements for killing, dams ing or removing a tree
Prior Tree
notice' permit2
Category I, II and III trees
Smaller than 2-inch diameter Not required Not required
2-inch diameter or larger, but smaller than 6 Required Sometimes
inches required'
6-inch diameter or larger Required Sometimes
required4
12-inch diameter or larger Required Required
Category IV trees
Smaller than 6-inch diameter Not required Not required
6-inch diameter or larger but smaller than 12 Required Not required
inches and located in a---
---front yard
---street-side yard (or a corner site)
---street area
12-inch diameter or larger Required Required
1 Indicates prior notice to the urban forester in accordance with the Criteria Manual (may be
delivered,faxed, emailed or entered on the City website)
2 Indicates a tree permit issued under this Chapter
s For Indicated size and categories, no permit is required unless the tree was planted as a
required replacement tree,with the consent of the owner of the subject site.
4 For indicated size and categories, a permit is required if: (i)there is development(or pre-
development activity)contemplated or in progress on the same subject site or(ii)the tree is
located in a front yard, a street side yard (of a corner site)or a street area.
• Page 1 of 1
Josie Orosco
From: Debbie Scarcella
Sent: Tuesday, January 02, 2007 2:00 PM
To: Josie Orosco
Subject: FW: Ordinance Comments
Please also print out Craig's comments and include in the packets. Thanks.
From: Craig Koehl
Sent: Tuesday, January 02, 2007 1:58 PM
To: Debbie Scarcella
Subject: Ordinance Comments
Debbie,
I've not had a lot of time to thoroughly review the ordinance, but I do have a couple of comments I thought of this
weekend:
1. The ordinance allows for reduction in replacement planting if the lot has 1.5 times the minimum planting
standard, but does not indicate how much of a reduction. I wish it would clearly spell out what type of reduction
can be granted.
2. The ordinance protects trees 6" larger in front and 12" larger in back...I do not see anywhere in the ordinance
where replacement trees are protected. Replacement trees can be as small as 2", so what's to stop someone
from removing a tree, planting some inexpensive 2" trees and then cutting them all down 3 weeks later because
they are smaller than 6" and not protected by ordinance. Do we need some type of language addressing
replacement trees (Tree Trust Planted trees also) saying they are protected?
I'll send you more comments as I find them.
Thanks,
Craig
01/02/2007
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Chapter 82 URBAN FOREST PRESERVATION AND ENHANCEMENT
Sec. 82-1. Purpose; findings.
(a) Purpose . The purpose of this chapter is to preserve and enhance the urban forest of
the city.
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(b) Findings . The city council has determined the following: The urban forest is of
great value in the maintenance of public health and welfare. The urban forest can aid in
the conservation of vital energy resources and natural resources and in the preservation of
the city's heritage and quality of life. Trees are a valuable amenity to the urban
environment, creating greater human comfort by providing shade, cooling the air through
evaporation, restoring oxygen to the atmosphere, reducing glare, reducing noise levels,
providing an ecological habitat for songbirds and other animal and plant species,
providing for more effective transitions between different land uses and breaking the
monotony of urbanized development, pre-development, or construction. The urban forest
of the city should be preserved and enhanced, to the maximum extent feasible, consistent
with the property rights of its citizens.
Sec. 82-2. Definitions.
Unless the context otherwise clearly requires a different meaning, the following terms, as
used in this chapter, shall have the meanings indicated below.
Circumference of a tree means the circumference of its trunk, measured as prescribed in
the criteria manual and in figure 1 attached to the criteria manual. For conversion to
diameter, the circumference can be divided by 3.142.
Criteria manual means the "criteria manual" dated February 1994, a copy of which is on
file in the office of the city secretary, which is hereby approved, adopted and
incorporated into this chapter by reference.
Critical root zone means, for any given tree,the area within a circle centered on the trunk
location. The circle's diameter is one-half the sum of the broadest and the narrowest drip
line diameters. See figure lb attached to the criteria manual.
Damage a tree means to take any action which could result in a tree's death, either
immediately or at any time within two years following the action. Some examples of such
action, which are not intended to limit this definition, are as follows: severing the main
trunk or large branches or large roots, girdling, poisoning, carving, mutilating, touching
with live wires, piercing with nails or spikes, crushing or exposing the roots, digging or
drilling any hole larger than three cubic feet(or a trench) within the criticalroot zone,
covering a substantial part of the critical root zone or compacting a substantial part of the
soil in the critical root zone.
Large tree means a tree with a circumference of 19 inches or more. In case a tree is
removed, it is presumed to have been a large tree if the diameter of the stump is six
inches or greater, measured in any direction.
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Located. A tree is "located" within an area if any part of its trunk is within the area at
ground level.
Low-value tree means a tree included in "class IV" of the criteria manual (see appendix)
which is evaluated by the urban forester under the criteria manual and assigned a total
rating less than 30 (out of 40 possible points).
Minimum planting standard means the minimum standard for total number of trees which
must be present on a site regardless of the number of pre-existing or replacement trees, as
set forth in the criteria manual.
Multiple-trunk tree means a tree with two or more trunks visibly connected above the
ground.
Protected tree includes:
(1) A significant tree anywhere in the city;
(2) A large tree located within any of the following:
a. A front yard;
b. A street side yard (of corner sites); or
c. A right-of-way area; and
(3) When there is a permit in effect for development or pre-development activity on any
subject site, "protected tree" includes all large trees located on that subject site.
Qualified tree means any tree listed in Class I or II of the criteria manual, which has a
trunk diameter of at least two inches, measured six inches above the ground.
Remove means to cut down, or remove a tree by any other means.
Replacement tree means a tree meeting the minimum criteria for replacement trees as set
out in the criteria manual and this chapter.
Right-of-way area includes all parts of a street area, including:
(1) The paved or improved roadway;
(2) The sidewalks;
(3) The curbs or ditches; and
(4) All other paved or unpaved areas in the street area. The "right-of-way area"
for an individual site includes only the area between the property line of the site
and the centerline of the street area(i.e., the directly abutting area in the street
area). A corner site has a right-of-way area both in front and on the side.
Significant tree means a large tree with circumference of 36 inches or more. In case a tree
is removed, it is presumed to have been a significant tree if the diameter of the stump is
12 inches or greater, measured in any direction(Also see definition of large tree.).
Street gutter flow line means the street gutter flow line of the curb adjacent to and
bordering upon a visibility triangle. If there is no curb, the height restrictions set forth in
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this chapter shall be based upon the actual level of the street area adjacent to and
bordering upon the visibility triangle.
Street side yard means the setback area required by the zoning ordinance and measured
from the side street line of a building site or a potential building site.
Subject site, for any given development or pre-development activity, includes:
(1) The building site or other site, upon which the development or pre-
development activity would occur; plus
(2) The right-of-way area for that site.
Tree means a woody plant having one well-defined stem or trunk, a defined crown and a
mature height of at least eight feet.
Tree disposition conditions means conditions approved by the urban forester pertaining to
the disposition and protection of trees when development or predevelopment activity
occurs. See section 82-3.
Tree permit means a valid permit issued by the building official authorizing removal of or
damage to a protected tree.
Tree survey is an on-the-ground survey containing the location of trees, their
circumferences, types (species), crown areas (drip line) and other data, all as more
particularly described in the criteria manual. Unless otherwise indicated in the criteria
manual, the tree survey must depict for any given subject site:
(1) Every large tree located in the subject site; and
(2) Every large tree located elsewhere which has 30 percent or more of its
critical root zone in such subject site.
Tree trust means any person or entity which meets all of the following criteria:
(1) It is operated on a profit-making or not-for-profit basis;
(2) The urban forester has determined that it has the resources, organization and
expertise to plant and maintain trees successfully in an urban setting and in
compliance with certificates issued to the city; and
(3) The urban forester's determination has not been revoked or suspended.
Urban Forest Enhancement Fund or "UFEF" means the fund established as such by this
chapter.
Urban forester means a person so designated and acting under this chapter.
Visibility triangle means the area at a street corner lying within a triangle beginning at the
precise intersection point of the curbs of each of the two streets forming the corner and
extending 20 feet along each curb line away from the curb intersection point, with the
third side being determined by drawing a straight line connecting the ends of such 20-foot
extensions. If there is no curb on such a street, the 20-foot line defined in zoning
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ordinance shall follow the central flow line of the ditch paralleling the uncurbed street.
The visibility triangle may include both public and private property.
Sec. 82-3. Tree disposition; surveys.
(a) General requirement. Every permit for development or predevelopment activity
must contain tree disposition conditions meeting the requirements of this section.
(b) Essential and mandatory conditions. Tree disposition conditions are the most
important means of protecting the urban forest of the city from unreasonable harm during
development and predevelopment activity. Tree disposition conditions shall:
(1) Prohibit removal of or damage to any large tree, except:
a. Removal of a tree which is diseased, severely damaged or dead may be
authorized;
b. Damage to or removal of a tree which causes an unreasonable
impediment to the use and enjoyment of the applicant's property may be
authorized; and
c. Damage to or removal of a low-value tree may be authorized.
(2) Require replacement trees, to the extent provided in the criteria manual, for
any large trees authorized to be damaged or removed. Exception: No replacement
is required for low-value trees.
(3) Require protection for large trees (and critical root zones). The conditions
may specify the methods of protection to be used.
(4) Require that any authorized damage to trees be minimized and mitigated.
The conditions may specify methods of mitigation to be used.
(5) Require, if there is major development, that the affected subject site attain a
minimum planting standard of tree density as set forth in the criteria manual.
(c) Procedure. The building official shall not issue any permit for any development or
predevelopment activity unless all of the following have first occurred:
1) Tree survey. The applicant must have filed a tree survey, and the urban
forester must have approved it for compliance with this chapter.
(2) Tree disposition conditions. Tree disposition conditions approved by the
urban forester must have been inserted into the permit. The urban forester may
require all persons owning land where a tree is located to agree to any removal of
or damage to the tree authorized by the conditions.
(d) "Low-impact"exception. Except for the requirement to insert the mandatory
conditions, this section does not apply to a subject site,project or other activity that will
not have any significant, adverse effect upon any large tree, as determined by the urban
forester.
Sec. 82-4. Tree permits.
(a) Permit required. A tree permit is required for removal of or damage to any protected
tree, unless the damage is separately authorized by tree disposition conditions as
described above. See section 18-5 for a more particular description of the requirement for
a tree permit.
(b) Criteria for issuance of permits. The building official shall only issue a tree permit if
subsections (1) and either(2) or(3) are present:
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(1) Application. An application for the permit must be filed by the owner of the
area where the tree is located. If the tree is located on a property boundary, all
owners must join in the application.
(2) Tree in 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, or the tree is a low-value tree. In any of these cases, the
permit shall be issued without special conditions or replacement requirement.
(3) Tree as impediment to proposed use of the subject site. The tree in question
causes an unreasonable impediment to use and enjoyment of property. Any permit
issued in this case shall be reviewed by the urban forester and shall require that
any replacement trees required by this chapter be planted. If replacement trees are
to be located on a subject site controlled by the permittee, the permit shall also
require that they be thereafter maintained. If the permit would authorize damage
to a protected tree,but not removal, the permit must contain conditions reasonably
calculated to minimize the damage to the protected tree (and may require
replacement trees).
Sec. 82-5. Replacement trees.
(a) Number of replacement trees. Tree disposition conditions and tree permits
authorizing removal of or damage to large trees or protected trees shall normally require
replacement by one or more newly-planted trees on the same subject site according to the
"replacement inch" stipulations in the criteria manual. To the extent on-site replacement
is not feasible, the permittee may choose to:
(1) Plant and maintain off-site replacement trees within 1,000-feet of the subject
site, subject to the provisions of the criteria manual;
(2) Provide a replacement-inch certificate from a tree trust or the UFEF, as
provided in this section and the criteria manual; or
(3) Provide replacement inches by some combination of the foregoing methods.
Regardless of the method or methods chosen, the number of replacement inches
planted on the subject site, plus those provided by alternate methods, must equal
or exceed the number calculated according to the replacement inch stipulations in
the criteria manual.
(b) Minimum size. Replacement trees must normally have a trunk diameter of at least
two inches measured six inches from the ground. If ten inches or more of replacement
inches are required by a permit, one replacement tree for each ten inches must have a
trunk diameter of at least four inches, measured six inches from the ground. Example: If
24 replacement inches are required, there must be at least two replacement trees with a
trunk diameter of four inches or more. The urban forester may prescribe proportionally
smaller trunk diameters for species of trees typically smaller than normal.
(c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning
ordinance, a tree must comply with the definition of"qualified tree" set out in section 82-
2.
(d) Standard of review. The urban forester shall use reasonable best efforts to determine
the type and number of replacement trees required in an attempt to minimize any undue
burden resulting from this chapter.
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(e) Trees in street areas. Before authorizing the establishment or maintenance of a tree
or decorative landscaping(or any related appurtenances such as lighting or a watering
system) in a street area, the building official must:
(1) Be satisfied that V.T.C.A., Transportation Code ch. 316 has been complied
with; and
(2) Determine there would be no violation of the provisions of this chapter
relating to visibility triangles.
The building official is designated by the city council to make the determinations
contemplated by V.T.C.A., Transportation Code § 316.003.
(f) Replacement inch certificates. If a tree trust or the UFEF issues an effective
"replacement inch" certificate to the city, as provided in the criteria manual, the
"replacement inches" described in the certificate are treated the same as replacement tree
inches actually planted as of the date of the certificate.
(g) Replacement inch credits. An owner of a site in the city who plants a class I or class
II tree on that site is eligible to receive a credit for future "replacement inches." The
owner may use the credit to offset the number of"replacement inches" assessed for
protected trees removed from the same site at any time in the future. Credits are subject
to the following:
(1) Issuance. Credits are only available for trees registered with the urban
forester within 30 days following the day they are planted. Registration requires
application and proof of planting. The registration form shall specify the size and
species of each tree planted and its location on the site.
(2) Measurement. The number of replacement inches actually credited is
determined by the urban forester at the time an offset in requested,based on the
health and size of the previously-registered trees and applying the provisions of
the criteria manual regarding calculation of replacement inches.
(3) Transferability. Credits are not transferable to another site but may be
claimed by subsequent owners of the same site.
(4) Records. The city is not responsible for keeping registration or other records
of credits. A person claiming a credit must present documents to show that the
credit is available and applicable.
(h) Urban Forest Enhancement Fund . The urban forest enhancement fund(UFEF) of
the city is hereby established. The UFEF is subject to all restrictions on public funds and
other funds of the city, including the requirement for annual budgeting. However, money
in the UFEF may only be budgeted and spent for the following purposes:
(1) Purchasing, planting or otherwise providing trees in public spaces in the city;
(2) Maintaining or otherwise enhancing trees in public spaces in the city; or
(3) Matters necessary or incidental to the above.
Deposits may be made into the UFEF by gift or other transfer. The director of finance is
authorized to accept such deposits on behalf of the city and to issue:
(1) Acknowledgments in the name of the city; and
(2) "Replacement inch" certificates as provided in the criteria manual.
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Sec. 82-6. Protective fencing.
(a) Fences required . Unless otherwise specified in the applicable tree disposition
conditions, each protected tree to be preserved must be fenced during development or
predevelopment activity.
(b) Fence criteria . The tree disposition conditions shall specify protective fencing of
the critical root zone whenever reasonably practicable, unless a different area is
prescribed in accordance with the criteria manual. Unless the tree disposition conditions
specify otherwise:
(1) A six-foot or higher fence must surround each protected tree or group of
protected trees, effectively preventing people, machinery, trash, material and
other items from occupying the area within the protective fencing;
(2) The fence must be constructed of durable, highly visible materials supported
on poles firmly set in the ground;
(3) The fence must be able to resist intrusions and impacts likely to be
encountered on a construction site;
(4) The fence may incorporate existing fences or walls as well as temporary
fencing; and
(5) Each fence must display a prominent warning sign as set forth in the criteria
manual.
(c) Fence permit. A separate fence permit is not required for construction of a fence
under this section, if a permit for the work is in effect and includes tree disposition
conditions.
(d) Trash, storage prohibited. It shall be unlawful for any person to use the area within
the protective fencing, required by this section, for trash disposal, storage, vehicle
parking or any other use that could adversely affect tree roots.
Sec. 82-7. Visibility triangles.
It shall be unlawful for any person to plant, grow or maintain any plant, except a tree,
within a visibility triangle, if the plant has (or probably will have) a height greater than
three feet above the street gutter flow line. It shall be unlawful for any person to plant,
grow or maintain a tree which has branches or foliage within or above a visibility triangle
at a height lower than 15 feet above the street gutter flow line. It is presumed that a
person who owns or controls real property within the city maintains all trees and plants
on that property. The city may enter a visibility triangle and remove growths prohibited
by this section, and there shall be no liability to others for taking or not taking such
action.
Sec. 82-8. Administration; appeals, etc.
(a) Urban forester. The city manager shall appoint an experienced and qualified person
to be chief urban forester for the city. The city manager may designate one or more other
urban foresters to act in the absence of the chief; persons so designated may not
necessarily be employees of the city,but the city manager shall make an adequate
provision for obtaining their services by contract if they are not city employees. A person
designated as urban forester must hold at least a bachelor's degree from an accredited
four-year college or university in urban forestry or arboriculture or must have equivalent
skills and experience.
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(b) Referral; duties. The building official shall refer tree surveys, tree disposition
conditions and applications for tree permits to a designated urban forester, who shall
work with the applicant and other city departments as required to administer the
provisions of this chapter. The urban forester may establish categories of simple, routine
or low-risk surveys, plans and applications, which may be handled summarily, without
submission to the urban forester. The fees for such applications may be reduced
accordingly, if so provided in the fee schedule.
(c) Applicability to city projects. For all city projects that may impact large trees, the
appropriate documents (tree permits, tree surveys and tree disposition conditions) shall,
whenever practicable, be submitted to the urban forester for evaluation and
recommendations, prior to public hearings (if held) or final decisions taken by city
council or city staff. City approval of a city-owned subject site or project shall constitute
approval for actions affecting the trees. City-owned subject sites or projects shall follow
the same guidelines for tree replacement as private subject sites or projects, except as
authorized by the city council.
(d) Reference and training. The city manager is authorized to obtain training and
reference materials for the building official and other city staff members who may be
called upon to enforce this chapter. The building official is authorized to maintain
reference materials on file and to make them available, without charge, to persons who
request information in connection with construction or other activities within the city that
could affect the urban forest.
(e) Cooperation. It is the desire of the city to establish a cooperative working
relationship with persons seeking to improve property within the city. Interested persons
are invited and encouraged to meet and confer with city staff and to retain the services of
expert foresters to provide advice and assistance to themselves and the city. The urban
forester shall use reasonable best efforts to determine the type and amount of replacement
trees required in an attempt to minimize any undue burden resulting from this chapter.
(f) Decisions and appeals. When making decisions or performing other duties under this
chapter, the urban forest and the building official both shall be subject to the standards
and procedures generally applicable to the building official under this chapter. Appeals of
decisions made by either the building official or the urban forester, and applications for
variances, are heard by the building and standards commission, in accordance with this
chapter. Notwithstanding any other provision to the contrary, the commission, when
considering an application for a variance:
(1) Shall take into account efforts to avoid or mitigate removal of and damage to
trees, particularly trees highly-evaluated under the criteria manual; and
(2) May take into account the financial cost of compliance with this chapter,
particularly as it compares to the cost of other work the applicant may be
proposing.
Sec. 82-9. Violations.
(a) Removal, damaging, killing of protected trees. Except as authorized by a tree permit,
it shall be unlawful, within the city:
(1) For a person to remove or damage a protected tree intentionally or
knowingly;
(2) For a person, who owns or controls any site, intentionally or knowingly to
cause or allow a protected tree to be removed or damaged, if it is located within
that site or the right-of-way area of that site.
(b) Affirmative defenses. It shall be an affirmative defense to prosecution under this
chapter for removing, damaging or killing a tree, that:
(1) Tree disposition conditions (contained in a building or other permit)
authorized the conduct in question;
(2) All of the following four circumstances were present:
a. Immediate action to remove, damage or kill the tree in question was
necessary to prevent harm to people or property;
b. A permit application was filed within ten days thereafter;
c. An appropriate permit or amendment was obtained; and
d. There was full compliance with all conditions of the permit or
amendment.
(c) Conditions. It shall be unlawful for any person who applies for or receives a permit
regulated by this chapter to fail or to refuse to comply with a condition of the permit or
this chapter. Any related permit for the subject site in question may be withheld until the
condition is complied with to the satisfaction of the urban forester,building official or
any other city staff members who are called upon to enforce this chapter. All permits are
subject to revocation or suspension as provided for in chapter 18.
Sec. 82-10. Other regulations; conditions.
(a) Conflicts with other regulations. In any case where another city ordinance, rule or
regulation would require the removal, damage or death of a large tree, under
circumstances where this chapter would prohibit such action, it is the intent of the city
council that all of the applicable regulations shall be read together and harmonized so
that, if reasonably practicable, the large tree is not removed, damaged or killed.
(b) Liberal interpretations authorized. All city officials,boards and commissions are
authorized and encouraged to interpret other ordinances, rules and regulations liberally in
order to minimize conflicts with this chapter and to protect existing large trees, except in
circumstances where there might be hazards to persons or property.
(c) Variances. The need to protect or preserve a large tree shall be considered a
sufficient "hardship" in all cases where a hardship is required for the issuance of a
variance under city ordinances, unless additional grounds are required by state law.