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  evidence for each.

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

• To the maximum extent feasible, the impact to trees on the site has not been minimized. (Section 158-103(a))
• Trees or other existing or proposed structures are not represented correctly on the site plan. (Sections 158-102(a)(1)a.1. and158-105(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. (Sections 158-101(e)(3) and 158-105(a))
• There could be potential damage to boundary trees. (Section 158-105(b))
• Trees in the setbacks are impacted. (Sections 158-102(a)(3)b. and 158-104(a))
• The proposed building design is not appropriate to the site conditions, trees are being removed unnecessarily, and no alternatives were considered to increase tree protection. (Section 158-102(a)(1)a.2.)
• Improvements are not located so as to result in the protection of the trees on the site. (Section 158-104(a))
• All reasonable efforts have been made to plan the construction (or demolition) with protection of trees as a priority. (Section 158-102(a)(1)a.3.)
• Damage to trees will be minimized by using construction methods and products proven to protect existing trees.(Section 158-102(a)(1)a.4.)
• Fencing for the Tree Protection Zone is inadequate, non-existent, or incorrectly placed. (Sections 158-35(c) and 158-103(d)(1))
• The Tree Protection Zone is violated by the placement of building materials, trash equipment, or other materials within the Zone.(Section 158-35(c))
• There is not an approved prescription for impacted trees or its implementation does not ensure the survival and protection of the trees. (Section 158-103(d)(2-4))

If appropriate, provide a sketch on a copy of the site plan of your alternative solutions that might save a tree or mitigate losses. However, it is not your responsibility to redesign the proposed construction to save trees. In April 2023, Section 158-102(a)(1) was exapnded (see underlined text here) to require the builder to demonstrate that they have considered all reasonable alternatives to their proposed building plan to save trees and that their proposed building design is appropriate to site conditions.