Document Violations of Tree Protection Ordinance

Identify those sections of the Tree Protection Ordinance which you feel are being violated on the site.  List each of these separately and provide the site evidence for each.

Some of the most common violations you will want to include in your appeal if they apply are:

  • Trees are not represented correctly on the site plan.  (Section 158-105(a))
  • There could be potential damage to the trees designated on the plan as "saved".  (Section 158-104(a))
  • Trees designated as “saved” on the site plan are actually marked for removal, or vice-versa.  (Section 158-101(e)(3) and Section 158-105(a))
  • There could be potential damage to boundary trees.  (Section 158-105(b))
  • Trees in the setbacks should not be impacted.  (Sections 158-102(3)b. and 158-104(a))
  • Fencing for the Tree Protection Zone is inadequate, non-existent, or incorrectly placed. (Section 158-34(c))
  • The Tree Protection Zone is violated by the placement of building materials, trash equipment, or other materials within the Zone. (Section 158-34(c))
  • To the maximum extent feasible, the impact to trees on the site has not been minimized. (Section 158-103(a))
  • Improvements are not located so as to result in the protection of the trees on the site. (Section 158-104(a)) 

If appropriate, provide a sketch on a copy of the site plan of your alternative solutions that might save a tree or mitigate losses.

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