(A)
Any person desiring to alter, remove, or relocate any tree or a heritage
tree which is situated on developed land for which a permit is required
under the provisions of this chapter shall apply in writing to the
director to do so. The application shall state the number and identify
the location of each tree and heritage tree sought to be altered,
removed, or relocated, shall contain a statement of the reason(s)
the permit is requested, and shall contain such other pertinent information
as the Director may require. The application may also include documentation
of any type, including written recommendations from a certified arborist
concerning the health, quality and desirability of alternatives to
the tree or trees in question. The necessity for the alteration, removal
or relocation of each tree and heritage tree shall be demonstrated
to the Director by the applicant.
(B)
Upon receipt of an application, the Director shall make a determination
as to the acceptability of the requested tree alteration, removal,
or relocation based on the following considerations:
(1)
The overall condition of the tree, including any diseases and pests
that may be attacking it, the tree's age with respect to its projected
lifespan, the area the tree would hit if it, or any substantial part
of it, were to fall, its symmetry and aesthetics, its proximity to
existing structures, and any interference it has caused with underground
or overhead utility lines.
(2)
The topography of land and the effect the tree alteration, removal,
or relocation may have on possible erosion or soil retention problems
or on increasing the flow or the diversion of surface waters.
(3)
The number, species, size, and location of other existing trees in
the area and the effect the requested action will have on shade areas,
air pollution, historic values, scenic beauty, and the general welfare
of the City.
(4)
Whether the request is supported by good urban forestry practices
and standards such as, but not limited to, the number of healthy trees
that a given parcel of land will support.
(C)
Prior to making a determination on the application, the director
shall inspect the tree(s) sought to be altered, removed or relocated.
The Director may also refer the application to another Department,
Board, Commission or Committee of the City, as he deems appropriate,
and may cause such additional investigation to be made which he deems
necessary in order to make an informed decision on the application.
(D)
If the Director approves an application to alter, remove, or relocate
a tree, he shall issue a permit, subject to such conditions as he
deems appropriate, which may include the planting of replacement trees,
or moving the tree to a more suitable location on the site if such
is economically feasible.
(E)
A permit granted under the provisions of this section shall be valid
for a period of 60 days from the date of issuance unless a longer
period is stated in the permit. If the work authorized by the permit
is not commenced prior to the expiration date, the permit shall become
null and void. Once the work authorized by a permit is commenced,
it shall be expeditiously pursued to completion.
(F)
A permit granted under the provisions of this chapter shall be retained
on the project site and shall be made available upon request prior
to, during, and following the actual tree alteration, removal, or
relocation activity for a period of 30 days.
(Ord. 2858 § 1, 1990; Ord. 3699 § 1, 2005)
(A)
All development proposals and subdivision applications shall clearly
designate all trees and heritage trees on the property by trunk location
and an accurate outline of each tree's drip line and shall indicate
those trees which are proposed to be altered, removed, or relocated
and those trees proposed to be designated protected trees. The reasons
for the proposed removal of any tree shall be stated in writing. The
development plan or tentative subdivision map shall indicate the genus
and species, the shape, the drip line and the trunk circumference
of each tree and heritage tree. These tree delineations must also
be shown on every page of the development and improvement plans where
any work is proposed within the root zone of any tree. The owner of
the property and the person in control of the proposed development
shall protect and preserve each tree and heritage tree situated within
the site of the proposed development during the period the application(s)
for the proposed development is being considered by the City. The
proposed development shall be designed so that:
(B)
If the proposed project is approved, the recordation of the final
map or issuance of a grading permit or building permit for the project
shall constitute a permit to alter, remove, or relocate any trees
designated for alteration, removal, or relocation upon the project's
approved plans. Any change in the trees to be altered, removed, or
relocated as designated on the approved development plan or tentative
map shall only be permitted upon the written approval of the Director
or, when the Director determines that the proposed change may be substantial,
by the Planning Commission.
(C)
Tree Replacement Program. A person owning or controlling a development
project shall be required to replace trees and heritage trees approved
for removal as part of the approval of the project in accordance with
subdivision 1; each protected tree removed or damaged shall be replaced
in accordance with subdivision 2.
(1)
For each six inches or fraction thereof of the diameter of a tree
which was approved for removal, two trees of the same genus and species
as the removed tree (or another species, if approved by the Director),
each of a minimum 15-gallon container size, shall be planted on the
project site, provided however, that an increased number of smaller
size trees of the same genus and species may be planted if approved
by the Director, or a fewer number of such trees of a larger size
if approved by the Director.
(2)
For each six inches or fraction thereof of the diameter of a tree
which was not approved for removal, four trees of the same genus and
species as the removed tree (or another species, if approved by the
Director), each of a minimum 15-gallon container size, shall be planted
on the project site, provided however, that an increased number of
smaller size trees of the same genus and species may be planted if
approved by the Director, or a fewer number of such trees of a larger
size if approved by the Director.
(3)
If the development site is inadequate in size to accommodate the
replacement trees, the trees shall be planted on public property with
the approval of the Director of the City's Recreation and Parks Department.
Upon the request of the developer and the approval of the Director,
the City may accept an in-lieu payment of $100.00 per 15-gallon replacement
tree on condition that all such payments shall be used for tree-related
educational projects and/or planting programs of the City.
(D)
Protected Trees. The following requirements shall apply to every
person who develops any property upon which a protected tree is located:
(1)
Before the start of any clearing, excavation, construction or other
work on the site, every protected tree shall be securely fenced off
at the "protected perimeter," which shall be either the root zone
or other limit as may be established by the City. Such fences shall
remain continuously in place for the duration of all work undertaken
in connection with the development. The area so fenced off shall not
be used as a storage area or altered or disturbed except as may be
permitted under this subsection.
(2)
If the proposed development, including any site work for the development,
will encroach upon the protected perimeter of a protected tree, special
measures shall be utilized, as approved by the Director or the Planning
Commission, to allow the roots to obtain oxygen, water, and nutrients
as needed. Any excavation, cutting, filling, or compaction of the
existing ground surface within the protected perimeter, if authorized
at all by the Director, shall be minimized and subject to such conditions
as may be imposed by the Director. No significant change in existing
ground level shall be made within the drip line of a protected tree.
No burning or use of equipment with an open flame shall occur near
or within the protected perimeter. All brush, earth and other debris
shall be removed in a manner which prevents injury to the protected
tree.
(3)
No oil, gas, chemicals or other substances that may be harmful to
trees shall be stored or dumped within the protected perimeter of
any protected tree, or at any other location on the site from which
such substances might enter the perimeter of a protected tree. No
construction materials shall be stored within the protected perimeter
of a protected tree.
(4)
Underground trenching for utilities shall avoid major support and
absorbing tree roots of protected trees. If avoidance is impractical,
tunnels shall be made below the roots. Trenches shall be consolidated
to service as many units as possible. Trenching within the drip line
of protected trees shall be avoided to the greatest extent possible
and shall only be done under the at-site directions of a certified
arborist.
(5)
No concrete or asphalt paving shall be placed over the root zones
of protected trees. No artificial irrigation shall occur within the
root zone of oaks.
(6)
No compaction of the soil within the root zone of protected trees
shall occur.
(7)
If the trees proposed to be removed can be economically relocated,
the developer shall move the trees to a suitable location on the site
shown on the approved plans.
(Ord. 2858 § 1, 1990)
