§ 40-180. Preservation and maintenance of trees.

(a)

General.

(1)

Section 33-6.27, Tree preservation, shall apply. Where the provisions of section 33-6.27 conflict with those of the MRTPD, the MRTPD shall prevail.

(2)

In addition to the trees identified as protected trees by section 33-6.27.4, the following trees shall be protected:

a.

The following species with a dbh of eight (8) inches or greater:

1.

All Oaks.

2.

All Elms.

3.

All Bald Cypress.

4.

Pecan.

5.

Magnolia, Japanese.

b.

Any tree, not identified as a protected tree, that contributes to the canopy of the MRTPD and has a dbh of at least twenty-four (24) inches.

(b)

Application. Notwithstanding, and in addition to, any other permitting requirements stated in Chapter 8 or any other chapter of the Jefferson Parish Code of Ordinances, prior to any construction activity as defined herein, in the MRTPD, including but not limited to tree removal only, a property owner or his agent shall submit a Metairie Ridge Tree Preservation District permit application to the department of inspection and code enforcement showing any and all trees of eight (8) inches dbh or greater, including any tree(s) not defined as a protected tree. Exceptions to the application and fee requirements are as follows:

(1)

When a property owner has no trees on his property or within ten (10) feet of the subject property line on abutting property, the property owner may submit an affidavit to that effect with his building permit. This affidavit releases the property owner from the requirements of this article.

(2)

When a property owner has no protected trees as defined in this article on his property or within ten (10) feet of the subject property line on abutting property, the property owner may submit an affidavit with his building permit signed by the property owner and certified by a landscape architect, a landscape contractor or an arborist licensed as such by the State of Louisiana stating that no existing trees meet the "protected tree" qualification. This affidavit releases the property owner from the requirements of this article.

(c)

Trees on abutting property. A property owner protecting trees on abutting property shall adhere to the following requirements, as appropriate:

(1)

Abutting private property. A property owner on whose property construction activity may in any way affect a tree located on property owned by another has the responsibility to get authorization from the owner of such other property and to otherwise comply with all state laws regarding the cutting or trimming of tree limbs and roots, including, but not limited to, La. Civil Code Articles 687 and 688 and La. R.S. 3:4278, before undertaking any action related to any such tree, including, but not limited to, limb or root trimming. This authorization shall be in writing and attached to the permit application. The issuance by the parish to a property owner of a permit with conditions regarding trees on the property of a person other than the permittee does not relieve the permittee of this responsibility.

(2)

Abutting public property. For trees on abutting public property, the issuance of a permit with the approved tree protection plan is considered authorization by the parish in regards to the aforementioned state laws. Chapter 37, Vegetation, of the Code of Ordinances regulates trees on public property, however, should there be any conflict between those regulations and the regulations within this article, the more restrictive shall apply.

(d)

Uncontested removal area. Uncontested tree removal shall be allowed for all trees which have at least fifty (50) percent of the base of the tree within the boundaries of the buildable area on the site as defined by the front and rear yard setback requirements of the zoning district in which the property is located. Uncontested tree removal shall also be allowed within the required side yard setbacks of the zoning district in which the property is located. The property owner shall be allowed to remove any tree(s) within the uncontested removal area after submittal of a MRTPD application and approval of such removal as part of a construction activity or tree removal permit. There shall be no obligation for the property owner to fulfill the replacement requirements of this article for trees removed from the uncontested removal area. Protection of trees located within the uncontested removal area is at the discretion of the property owner.

(e)

Accessory structures. A property owner who wishes to place an accessory structure in the required rear yard shall make every effort to accommodate the protected tree(s) in determining placement of the accessory structure. In situations where there is no viable alternative placement, the parish arborist may recommend approval of removal of a protected tree or trees to accommodate the accessory structure, with the replacement guidelines of this article in effect.

(f)

Tree protection plan requirements. A tree protection plan is required for major construction activities as defined in this article. Tree removal only, while defined as major construction activity, does not require a tree protection plan; however, the parish arborist may require the submittal of a tree protection plan if, after the property owner applies for tree removal, it is determined that the tree removal may be detrimental to other protected trees and tree protection is necessary.

(1)

Removal of the tree protection measures shall occur when the construction activity is complete, and a certificate of compliance has been issued by the department of inspection and code enforcement. If a property owner wishes to begin landscaping his property prior to the issuance of the certificate of completion, he or his agent may submit a written request to the department of parkway to request an inspection of the site by the parish arborist. The parish arborist may authorize the removal of the tree protection measures prior to the issuance of a certificate of compliance if it is his determination that the remaining construction activity will not have a negative impact upon the protected trees. The parish arborist shall issue written notification to the property owner and the department of inspection and code enforcement that authorization has been given or denied for the removal of the tree protection measures.

(2)

At any time after the issuance of a permit for construction activity, the parish arborist may recommend to the department of inspection and code enforcement that a "stop work order" be issued or a permit revoked and a violation citation issued to protect trees in the MRTPD.

(Ord. No. 22419, § 2, 2-2-05; Ord. No. 22707, § 1, 3-8-06; Ord. No. 25405 , § 47, 8-9-17)