September 14, 2017 – Request for document by which County Manager delegated authority for tree removals

September 14, 2017 FOIA request for document by which the County Manager delegated authority to approve destroy, remove, etc., County trees under Chapter 67 of the Arlington County Code

Section 67-3 of Chapter 67 of the Arlington County Code (Trees and Shrubs) provides the following definition:

“’County Manager’ means the County Manager of Arlington County or the County Manager’s designee.”

Section 67-5 of Chapter 67 of the Arlington County Code (Trees and Shrubs) provides:

§ 67-5. Injury to or Removal of Trees and Shrubs.

A. It shall be unlawful for any person, including any person employed by or under contract to any utility company, to destroy, cut down, girdle, break, bend, wound, or in any manner injure or remove any tree or shrub upon any public right-of-way, any other County-owned public land, or any public vehicular or public pedestrian access easements where the County is responsible for the maintenance of such easement without the written permission of the County Manager. Any person violating this section shall be guilty of a Class 3 misdemeanor.

B. The County Manager shall not remove or permit removal of all or any part of any tree or shrub unless the County Manager has determined that the action proposed is necessary or desirable and will not be contrary to any County policy or plan or ordinance for or related to trees, shrubs, plants, or other vegetation.

C. The County Manager’s permission under this section shall be evidenced by a writing that specifies the tree or shrub for which removal is permitted and the duration of the permission, except such written permission is not required if the removal is performed by County employees or County contractors or County agents. Such permission shall be issued only upon the conditions that (i) the applicant for permission agrees either to replace the tree or shrub specified to be removed at a rate and with guaranties in accord with the tree guidelines within one (1) year of the date of the permission or immediately pays to the County an amount equaling the full value of the tree or shrub specified to be removed, at the option of the County Manager, and (ii) the applicant, in the event of destruction of or injury to an unspecified tree or shrub, agrees to either replace such unspecified tree or shrub at a rate and with guaranties in accord with the tree guidelines or to pay to the County an amount equaling the full value of the unspecified tree or shrub, at the option of the County Manager. The full value of a tree or shrub shall be determined by the County Manager in accordance with appraisal methods developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture in Guide for Plant Appraisal. (Ord. No. 02-25, 11-16-02)

 

Please provide me, pursuant to the Virginia Freedom of Information Act (FOIA), any document by which the County Manager has designated any person or other entity to act on behalf of the County Manager in making decisions and taking actions, including permitting or approving removals, etc., of trees and shrubs, under section 67-5.

If the responsive record or records are posted online at https://foia.arlingtonva.us/ then I will not need to receive copies of the records.

Please provide me an estimate of any charges for the requested records in advance.

Thank you.

 

The Arlington County FOIA Officer provided this as the only responsive document:

Scanned from a Xerox Multifunction Printer

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