255 NATURAL RESOURCES Tree Protection 17 Chapter Franklin Zoning Ordinance Effective January 1, 2023 permit, site plan, preliminary plat, final plat, stormwater management permit, or as otherwise exempted by Section 17.2.1, Exemptions. B. Tree Removal Permit Application An application for a tree removal permit shall be made in accordance with application requirements established by the Department of Building and Neighborhood Services. C. Staff Review The Department of Planning and Sustainability and/or City arborist shall review the application for a tree removal permit and make a recommendation to the Department of Building and Neighborhood Services. D. Department Building & Neighborhood Services Final Action The Department of Building and Neighborhood Services shall review the application and approve, approve with conditions, or disapprove the tree removal permit. E. Approval Criteria The Department of Building and Neighborhood Services may approve a tree removal permit only when the tree proposed for removal is not: 1. Located in an open space lot or conservation easement; 2. Part of required landscape material or contributes to the screening function of a required landscape area; 3. The subject of a condition of approval requiring their retention; and 4. A specimen tree. F. Issuance of a Building Permit or Grading Permit No building permit or grading permit shall be issued unless the City department issuing the permit receives a written decision from the Department of Building and Neighborhood Services that the proposed development has received a tree removal permit or is exempt from the requirement to obtain a tree removal permit. G. Tree Removal Violations The removal, damage, or destruction of trees without obtaining a tree removal permit, as applicable, is in violation of this Subsection and shall require mitigation in accordance with the following: 1. Specimen trees removed shall be replaced at a two caliper inches for each caliper inch of specimen tree removed; 2. Replacement trees shall be replanted within 12 months of removal; 3. Any tree that is damaged or removed from a tree save area, conservation easement, or open space shall be replaced at a one caliper inch to one caliper inch ratio with replacement trees having a diameter of at least two inches in caliper; 4. Damage or destruction of trees due to excessive pruning or tree topping shall constitute a violation of this Ordinance and result in the prescribed replacement and/or mitigation of the damaged trees; and 5. A surety and maintenance agreement shall be established for replacement trees.
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