The governing body of the county of Placer finds that in order to prevent the wanton and unnecessary cutting of healthy trees in the developed and developable areas of the area east of the Sierra summit, to provide for the conservation of as many healthy trees in the area east of the Sierra summit as possible consonant with permissible development, to provide for the control of disease and insect infestation in the area east of the Sierra summit, and in order to effectuate the adopted regional plan, it is necessary to adopt the ordinance codified in this article establishing minimum standards and providing regulations governing the preservation of trees on land devoted or to be devoted primarily to uses other than the commercial harvesting of timber in the Tahoe Basin, providing for the issuance of permits, providing for minimum standards and conditions of approval of permits including restrictions on attachment of appurtenances, providing for removal of diseased, infested or hazardous trees, providing for variances, providing for stop orders, providing that violations of the provisions of this ordinance shall constitute a misdemeanor, and providing for other matters properly relating thereto.
(Prior code § 20.1)
A. 
Compliance. The cutting, moving, removing, killing, or materially damaging of live trees six inches d.b.h. or over, the removal of disease-infested and hazardous trees, and the attachment of appurtenances to trees shall be in compliance with the terms of this article, and permits respecting the same shall be granted or denied in conformity with the provisions of this article, provided, however, that this article shall not apply to lands devoted to the growing and harvesting of timber for commercial purposes for which permits have been granted permitting timber harvesting. All such tree cutting shall also conform to the provisions of all other agency ordinances, rules, regulations, and policies.
B. 
The provisions of this article establish the minimum standards applicable in Ranges 15, 16, and 17 East.
C. 
Interpretation and Severability. The provisions of this article shall be liberally construed to effectuate their purposes. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
D. 
Short Title. This article may be cited and referred to as the tree conservation ordinance.
(Prior code § 20.5)
For the purposes of this article, certain terms or words used herein shall be interpreted as follows: words in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is mandatory, not permissive, unless the context indicates that a directory meaning is intended.
"Agency"
means the county of Placer.
"d.b.h."
means diameter at breast height; the diameter of a tree measured at four and one-half feet above the ground on the high side of the tree. Circumference of 19 inches at dbh may be treated as the equivalent of six inches dbh.
"Grading ordinance"
means the county of Placer grading ordinance.
"Lands devoted to the growing and harvesting of timber for commercial purposes"
means such lands that are devoted principally to the production of raw material for the forest products industry, or for silvicultural purposes including Christmas tree harvest, but not including lands undergoing land use conversion or lands where timber is cut for fuel purposes.
"Land use conversion"
means the conversion to other uses of timberland as defined by statutes and regulations of California and Nevada and for which a timberland conversion certificate or approval is required by such statutes or regulations.
"Land use ordinance"
means the Placer county zoning ordinance.
"Permit-issuing authority"
means the county of Placer department of public works.
"Person"
means an individual, partnership, corporation, business association, or group of individuals, and any governmental entity.
"Subdivision ordinance"
means the county of Placer subdivision ordinance.
(Prior code § 20.10)
A. 
When Required. No person shall cut down, move, remove, kill, or materially damage any live tree six inches dbh or over, or attach any appurtenance to a tree, without first having obtained a tree cutting permit from the permit-issuing authority, unless such tree is located on lands devoted to the growing and harvesting of timber for commercial purposes for which permits have been granted permitting timber harvesting. Such permit shall be unnecessary for the removal of trees proposed to be removed as approved in connection with the approval by the agency of a tentative map under the subdivision ordinance, except where such subdivision involves a land use conversion, or for the removal of trees as permitted under a permit issued pursuant to the grading ordinance, provided, however, that the standards contained in this article shall also be applicable to the approval of a tentative and final subdivision map and to the issuance of a grading permit.
B. 
Application Form. Applications required by this article shall be made as provided by the applicable provisions of the rules and regulations of practice and procedure of the agency and rules and procedures of the permit-issuing authority.
C. 
Information Report.
1. 
All Applications. All applicants for tree cutting permits shall file a report with the permit-issuing authority that states:
a. 
The name, address, and the phone number of the applicant, and the owner of record of the land on which the tree cutting is proposed;
b. 
The consent of the owner of record of such land, if such owner is a person other than such applicant;
c. 
The location of the land on which the cutting is proposed;
d. 
The purpose of such tree cutting;
e. 
The dates on which cutting and removal operations will take place;
f. 
A drawing acceptable to the permit-issuing authority at a scale adequate to show the height, species, dbh, and location of all trees on the site over six inches dbh proposed to be cut, and a drawing or sketch indicating the general location, characteristics and densities of trees proposed to be left on the site.
2. 
Applications Involving Land Use Conversions. Applicants for tree cutting permits, where the purpose of such tree cutting is to accomplish a land use conversion, in addition to the information required pursuant to subsection (C)(1) of this section, shall submit:
a. 
A detailed statement describing how the standards and criteria of Section 12.20.050 shall be satisfied;
b. 
A copy of the document approving the land use conversion issued by the applicable State Division of Forestry;
c. 
In lieu of the drawing required by subsection (C)(1)(f) of this section, a map acceptable to the permit-issuing authority at a scale adequate to show the location of proposed and existing buildings and driveways, the location of proposed utility trenches, and the height, species, dbh, and location of all tree over six inches dbh proposed to be cut, and a drawing or sketch indicating the general location, characteristics and densities of trees proposed to be left and planted on the site, provided, however, in the case of a subdivision, such information may be contained in the tentative map and the vegetation preservation and protection plan as required by the subdivision ordinance.
(Prior code § 20.15)
A. 
Permit Duration. All tree cutting authorized by a tree cutting permit shall be completed within the length of time specified by the permit-issuing authority, not to exceed 90 days.
B. 
Extension. An extension of the permit may be granted upon a showing by the permittee that the work was delayed by reasons beyond the permittee's control or that an extension will not increase the risk of environmental damage caused by the tree cutting.
C. 
Permit Conditions. A tree cutting permit may be issued upon any conditions necessary to assure compliance with the standards and criteria of this article and any other agency ordinance, rule, regulation or policy, or any provision of the adopted regional plan.
D. 
Permit Card. A permit card issued to the permittee by the permit-issuing authority, and stating any conditions of approval, shall be displayed by the permittee in a conspicuous place at the cutting site, provided, however, that the tree cutting permit may be part of a building permit which is displayed at the site.
E. 
Revocation of Permit. The permit-issuing authority shall revoke any permit whenever there has been a false statement or representation in the application as to any material fact on which the permit was based.
F. 
Minimum Standards and Conditions of Approval.
1. 
Existing healthy trees and native vegetation on the site shall be preserved in accordance with standards contained in an agency-approved design manual, if any, and shall be protected by adequate means during any construction.
2. 
Existing trees shall be preserved within any right-of-way when such trees are suitably located, healthy, and when approved grading allows.
3. 
Appurtenances, except utility connections, such as television antennas, signs, and outdoor lights shall not be attached to trees.
4. 
Tree cutting within the 100 year floodplain of a perennial or intermittent stream shall be limited to cutting diseased or hazardous trees or to thinning needed to protect the health and vigor of remaining trees.
5. 
Damage to trees not to be cut and to residual vegetation shall be avoided. Damaged trees shall be repaired with tree sealer and any necessary tree surgery.
6. 
No tree shall be felled into a perennial or intermittent stream without specific approval of the permit-issuing authority.
7. 
Any stump to be left in the ground shall be treated with approved chemicals or methods to prevent the spread of forest tree diseases.
8. 
Ground skidding shall not be allowed.
9. 
Slash, debris, and nonmerchantable timber generated by the operation shall be disposed of in the manner and to a location approved by the permit-issuing authority.
10. 
All tree removal sites shall be winterized before the end of the construction season, or stabilized before the end of the construction season so as to prevent erosion and soil loss from the site.
11. 
In the case of land use conversion, approval shall be conditioned on compliance with all requirements of the timberland conversion certificate issued by the appropriate State Division of Forestry.
(Prior code § 20.20)
A. 
The permit-issuing authority may determine, on the advice of the appropriate State Division of Forestry, or other competent authority, that a tree or trees on private or public land is diseased, insect infested, or hazardous to the public, and may declare such diseased, infested, or hazardous condition to constitute a public nuisance. Upon making such a determination, the permit-issuing authority or the agency shall, by written notice, notify the owner of the land on which the tree or trees is located of the condition and of his duty to abate it within a specified period of time. If the owner refuses or fails to respond within the time specified, the permit-issuing authority shall abate the nuisance and charge the owner the cost, which shall be a lien on the owner's property.
B. 
In cutting trees for land use conversion, all diseased, infested, or overmature trees shall be removed prior to construction.
C. 
All diseased and bug-infested trees shall be treated prior to removal by approved methods to prevent the spread of such disease or infestation.
(Prior code § 20.25)
A. 
Whenever any tree cutting or other activity regulated by this article is being done contrary to the provisions of this article, rule, or regulation, or any other law, the permit-issuing authority or the agency by its executive officer or designee may issue a written notice to the responsible party to stop work on such tree cutting or other activity. The notice shall state the nature of the violation.
B. 
A notice to stop work as provided in subsection A of this section shall stay in effect until revoked by the issuing authority, provided, however, that the party to whom the notice was issued may obtain review of the action. Such review in the case of a notice to stop work issued by the permit-issuing authority shall be as provided by such authority.
(Prior code § 20.30)
The permit-issuing authority may grant variances from the terms of this article only if it is found that because of special circumstances applicable to the property involved a strict application deprives such property of privileges enjoyed by other similarly situated property and the applicant shows that he cannot make any reasonable use of the property if such regulations are applied. Where such conditions are found, the variance permitted shall be the minimum departure from existing regulations necessary to avoid such deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences. In no case may a variance be granted that will provide the applicant with any special privileges not enjoyed by other similarly regulated properties.
(Prior code § 20.35)
The provisions of this article shall not be applicable to lands owned by the United States Government, or to trees cut in emergencies involving lives or persons and public safety including the suppression of wild fires.
(Prior code § 20.40)