§ 9-38.070. Tree Removal Permits

The Director shall give priority to tree inspection requests based upon threats to public health and safety. The Director may defer action on the Tree Removal Permit and refer the request to the Commission for determination.

A.

Tree Removal Permit required.

1.

No protected tree shall be removed, relocated, cut down, or otherwise destroyed, unless a Tree Removal Permit has been first issued by the Director.

2.

The Director shall establish the format and information required for a Tree Removal Permit in compliance with this Chapter.

B.

Site inspection. Before issuance of the permit the Director shall inspect the premises involved and shall designate the tree(s) to be removed or moved.

C.

Director's determination required. A Tree Removal Permit shall not be issued for the removal or relocation of any tree on any parcel associated with a proposal for urban development, unless the project has been approved by the City or unless the Director determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services.

D.

Conditions of approval.

1.

If it is technically feasible to relocate a tree(s), the Director may condition a Tree Removal Permit to move the tree(s) to a location on or off the subject site.

2.

If a tree(s) is to be relocated to public property, the applicant shall submit to the City a written commitment to accept and maintain the tree(s) from the public agency which will receive the tree(s).

3.

The public agency shall have the option of refusing acceptance of the tree(s).

4.

If relocation of the tree(s) is not feasible, the Director may require that the appraised value of the tree(s) be used to replant trees on the subject site.

E.

Landscaping plans.

1.

Landscaping plans for a development project shall incorporate the conditions of approval of the Tree Removal Permit.

2.

Trees to be preserved in place and relocated trees shall be shown on the plans and the plans shall indicate where the appraised value of removed trees has been applied to upgrading the tree plantings beyond minimum planting requirements.

F.

Changes to the preservation plan.

1.

The Tree Removal Permit shall contain a description of any proposed change(s) to the tree preservation plan approved with a development project.

2.

The removal of any additional trees shall be supported by evidence submitted by the applicant that the trees cannot be saved as previously determined.

G.

Tree value appraisal.

1.

Where a tree(s) is proposed for removal that is associated with a proposal for urban development, or is located on a vacant parcel, the Director shall cause an appraisal of the value of the tree(s) to be prepared.

2.

When a tree(s) is associated with a proposal for urban development, the appraised value of the removed tree(s) shall be applied to upgrading the size of tree plantings associated with the project above minimum planting standards.

3.

When a tree(s) is proposed for removal that is not associated with a proposal for urban development, the Director may condition a Tree Removal Permit upon the replacement or relocation of the tree(s).

4.

The value of the replacement tree(s) shall be equal to the appraised value of the tree(s) to be removed.

5.

When a tree(s) proposed for removal is located on a vacant parcel, the appraised value of the tree(s) shall be used to establish the value of the replacement tree(s) planted on the subject site.

6.

An obligation for the planting of a replacement tree(s) may be recorded for a vacant property at the discretion of the Director if the value of the removed tree(s) is substantial.

7.

If the value of the tree(s) to be removed is substantial and it is not feasible to replant the total value of the tree(s) on the subject site, the permit may also be conditioned to require payment of a fee to the City to be used to plant trees elsewhere in the community.

8.

The amount of the fee shall consist of the appraised value of the tree(s) which cannot be replanted on the subject site.

9.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above shall not be subject to appraisal or replacement by value.

H.

Exemption from tree relocation or replacement.

1.

In no case shall an applicant for a Tree Removal Permit be required to replace or otherwise pay for the value of any tree which the City has requested the applicant to remove because:

a.

Of the hazardous condition or location of the tree;

b.

So a public street may be constructed along an alignment determined or approved by the City Engineer; or

c.

An adequate line-of-sight distance may be achieved in order to ensure public safety.

2.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above, shall not be subject to relocation or replacement.

(§ 5, Ord. 1085, eff. January 6, 2006)