§ 33-6.27.3. Generally.

The following provisions apply generally and are augmented by specific requirements in the base or overlay district regulations.

(a)

Protected trees. No tree designated as a protected tree shall be cut or cleared, except for pruning and tree maintenance in accordance with the most current version of the ANSI A300 Tree Care Operations: Standard Practices for Tree, Shrub, and Other Woody Plant Maintenance, and no excavation, grading, filling, trenching, demolition, construction, or other activity that may adversely affect a protected tree may occur on the property on which the protected tree is located, without approval and issuance of necessary development approvals.

(b)

Tree removal. Conditions and procedures for approval of cutting or clearing of a protected tree are provided in the base or overlay zoning district regulations or in this section.

(c)

Public trees. Trees or other vegetation located on or in parish public property adjacent to a private property subject to the requirements of this section are regulated by Article II, Planting of trees on public property, in Chapter 37, Vegetation, of this Code. Where the root protection zone (RPZ) of any tree on or in any public property falls on or in a private property subject to the requirements of this section, the tree protection requirements shall apply to the RPZ associated with the public tree and located on or in private property.

(d)

Emergency removal. When a protected tree has suffered irreparable damage due to a weather phenomenon such as a hurricane, tornado, or severe rainstorm or due to an emergency created by situations including, but not limited to, fire, tree disease, or insect infestation, and poses imminent danger to public health and safety, the owner of the property may immediately remove said damaged tree without penalty or tree replacement. However, if the parish arborist determines that a protected tree removed in an emergency was not irreparably damaged, the property owner shall be in violation of this section and subject to penalties.

(e)

State requirements. La. Civil Code Articles 687 and 688 and R.S. 3:4278 apply regarding the cutting or trimming of trees located on an adjacent property.

(f)

Site plan review. Where site plan review by the planning department is required, a required tree protection plan may be combined with the site plan or landscaping plan.

(g)

Development approval. Requirements for review and approval of tree preservation are specified in this section or in the base or overlay zoning district regulations, as applicable.

(h)

Stands of trees. Nothing in this section prohibits the conservation of stands of trees or undisturbed woodlands. Development patterns that cluster development on a portion of the site and leave stands of trees or woodlands as buffers or open space is encouraged.

(Ord. No. 25405 , § 37, 8-9-17)