Title
An Ordinance amending Chapter 17B of the Code of Ordinances of the Lexington-Fayette Urban County Government, relating to street trees, as follows: amending Section 17B-1(6) to define tree planting easement to mean a planting area with a maximum width of ten feet located immediately adjacent and parallel to the curb or edge of pavement or in a designated easement per an approved development plan; amending Section 17B-2(c) to incorporate gender-neutral language; amending Section 17B-3 to provide requirements for tree removal and replacement; amending Section 17B-6(e)(1) to authorize the Tree Board to administer a Grant Program, apply for Grants, implement financial incentive programs, and distribute funds as appropriated by the Urban County Government; amending Section 17B-7(a) to provide the procedure for the Div. of Environmental Services to order the removal and replacement of a topped street tree; and amending Section 17B-8 to clarify responsibility for tree maintenance in public rights-of-way or designated tree planting easements. [Council Office, Hall]
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BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN
COUNTY GOVERNMENT:
Section 1 – That Section 17B-1(6) of the Code of Ordinances be and hereby is amended to read as follows:
Tree planting easement shall mean a planting area with a maximum width of ten (10) feet located immediately adjacent and parallel to the curb or edge of pavement or in a designated easement per an approved development plan.
Section 2 – That Section 17B-2(c) of the Code of Ordinances be and hereby is amended to read as follows:
Tree planting. The Div. of Environmental Services May waive any of the conditions in Granting a permit where such action would promote the preservation of the health, integrity or appearance of an area's tree population. Further, where such action would promote the public welfare, the urban forester or their designee May condition the Granting of a permit upon the applicant's Agreement to ...
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