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Arlington  View whole ordinance
§ 67-3-1. Designation. (a) A County Urban Forester or an arborist designated by the County Manager may, in accordance with the provisions of this Article, recommend to the County Board that certain trees located within the County on public property or private property, excluding parcels used for a single-family dwelling unless the owner of such property consents to the designation of such tree, be designated by ordinance as Heritage, Memorial, Specimen, or Street Trees. The County Board shall hold a public hearing prior to so designating any Heritage, Memorial, Specimen, or Street Tree. Trees may be recommended to the Urban Forester or designated arborist by any person in the instance of a tree on public property and on private property, excluding parcels used for a single-family dwelling, and by the private property owner in the instance of a tree on parcels used for a single-family dwelling, by submitting a complete report to the Urban Forester, designated arborist or County Manager describing the tree in question and its significance in needing protection. (b) In the case of a tree on private property the County Manager shall notify the owner of the property on which the tree is located by certified mail (i) as soon as practicable once the recommendation is received by the Urban Forester; and (ii) again at least 30 days prior to the hearing on the adoption by ordinance of the designation of such tree. The owner may request an extension of the hearing date for up to six months. (c) A property owner shall not destroy a tree proposed for designation pursuant to this Section pending final County Board decision or a decision by the Urban Forester or designated arborist not to recommend designation. (d) In the event that the application of this Article regulating Heritage, Memorial, Specimen, or Street Trees results in a taking of private property for a public purpose or use, the County shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and shall notify the owner of his right to seek such fee or compensation. § 67-3-2. Preservation. No Heritage, Memorial, Specimen, or Street Tree shall be removed or damaged in any way unless the County Board determines that: (a) there is an overriding need for public improvements; or (b) a severe hardship exists for reasonable use of a site. Should the County Board determine to permit such treatment, the County Board may require that the tree be replaced with a similar tree or trees to approximate the canopy lost, and must issue a writing specifying the action permitted, the tree and its location, and the findings justifying the permission. Nothing in this section shall prevent the County Manager from permitting the removal of a tree in the event that an Arborist or Urban Forester determines that the tree is dead, has become the irreversibly diseased or irreversibly damaged by natural causes, or presents a hazard to the public.