San Jose |
Code of Ordinances |
Title 13. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 13.28. STREET TREES, HEDGES AND SHRUBS |
Part 3. PERMIT REQUIREMENTS |
§ 13.28.310. Pruning or removal of street tree - Permit required.
A.
Except as provided in this section, it shall be unlawful for any person to prune or remove any street tree, or do any construction work or activity that may affect the critical root zone of a street tree, without a permit issued by the director.
B.
Each permit to prune or remove a street tree shall contain the following information:
1.
Name of permit applicant;
2.
Time period in which to complete the action specified or required in the permit;
3.
Type and species of the replacement street tree to be purchased by permittee, at permittee's expense, and to be planted, if applicable;
4.
Description of the pruning, if applicable; and
5.
Location of removal of the street tree and replanting of the street tree or location of street tree to be pruned.
C.
The director shall issue a permit to remove a street tree only if at least one of the following criteria is met:
1.
The street tree is in a hazardous condition or imminently hazardous condition.
2.
The type, species, or location of the street tree is in conflict with a community forest master plan adopted by the city council or the street tree policy, guidelines, and best practices published by the director.
3.
The street tree interferes with high tension electrical lines and the interference cannot be corrected by topping the street tree.
4.
The street tree has caused extensive concrete damage and the concrete has been replaced more than once in the preceding ten years.
5.
The street tree has done extensive sewer system damage that cannot be resolved by any other reasonable means.
6.
The street tree is in conflict with an approved development permit for the adjacent property or right-of-way pursuant to Title 20 of this Municipal Code.
(Ord. 29000.)