Tree removal.
A. Permit required.
1. Unless exempted by
§ 6.1.4: Exempted trees, no person may remove or alter a Protected Tree, Significant Tree, Specimen Tree, or Heritage Tree unless that person obtains a Tree Removal Permit from the Building Official.
2. A person may, without a permit, remove a damaged tree that is an imminent hazard to life or property.
3. A person may, without an additional tree removal permit, remove any tree identified as "to be removed" on a Tree Survey contained within an approved Site Plan or Subdivision Construction Plan.
B. Persons and entities authorized to apply.
1. If the Tree subject to the Tree Removal Permit is located on 1) public property or 2) a street right-of-way, or 3) easement, the following persons or entities may act as the applicant:
(i) The City or public utility with right of access to the right-of-way or easement, including the PUC;
(ii) The owner of the property abutting the street, right-of-way, or easement.
2. If the Tree is located on private property, the following persons or entities may act as the applicant:
(i) The owner of the property on which the Tree is located; or
(ii) The City, if the tree is diseased or a safety hazard.
3. Submittal of an application for a Tree Removal Permit authorizes the City or a qualified arborist employed or contracted by the City to enter the property for the purpose of inspecting the Tree(s) identified in the permit application.
C. Fees, forms, and procedures.
1. The City's adopted Fee Schedule will establish fees, including application fees and mitigation fee-in-lieu, related to a Tree Removal Permit.
2. The City will not approve a Tree Removal Permit for a property until the property owner provides evidence demonstrating payment of indebtedness (
§ UDC-1.4.2D).
3. The Building Official is responsible for maintaining and making available all forms applicable to a Tree Removal Permit.
4. The application forms may be revised at any time without notice.
D. Plan for removal required.
1. An application for a Tree Removal Permit that is unrelated to Development shall include the following information:
(i) A detailed written statement that describes the proposed alteration and provides the following information:
(1) The area of land to be disturbed;
(2) The method and equipment to be used;
(3) The date(s) of Removal or Alteration; and
(4) The reason for the requested tree removal (see Subsection E below).
(ii) A legible diagram or map showing the following:
(1) Location of existing structures, improvements, streets, right-of-way, property lines, setbacks, and required buffers;
(2) Location of existing utility lines, mains, and easements;
(3) Other Protected Trees, Significant Trees, Specimen Trees, or Heritage Trees within two hundred (200) feet of the Tree(s) proposed for removal, if any.
(iii) Other information the Building Official may reasonably request.
2. An application for a Tree Removal Permit that is related to development, including a Site Plan or Subdivision Construction Plan, does not require a separate permit if the following information is provided with the Site Plan or Subdivision Construction Plan:
(i) A Tree Survey that identifies all Trees to be removed and Trees to be preserved along with species and caliper inch size of each Tree;
(ii) Identification of environmental features including creeks, ponds, springs, and other water bodies;
(iii) Identification of required setbacks and buffers required under
§ 3.4.1: Dimensional standards and
ARTICLE 5: Landscaping and Screening Standards.
(iv) A plan depicting the proposed approximate locations of buildings, structures, parking areas, driveways, detention ponds or drainage facilities, and other improvements that can be reasonably assumed to cause land disturbance and the approximate limits of the land disturbance.
(v) A plan showing temporary parking areas for construction equipment and materials storage, along with access routes onto and within the site.
(vi) Contact information providing the address, phone number, and email of the following persons or entities:
(1) The property owner;
(2) The developer (if different from the property owner);
(3) The general contractor (if known);
(4) The individual or firm who prepared the Tree Survey;
(5) The architect or engineer responsible for the design of improvements on the site;
(6) The surveyor who prepared the plat or site plan, as applicable.
E. Approval process (permit unrelated to development).
1. Upon receipt of a completed application for a Tree Removal Permit, the Building Official will conduct an administrative review.
2. The purpose of the review is to determine whether the Building Official can approve the Tree Removal Permit based on affirmative finding of at least one (1) of the following:
(i) The Tree, if left unaltered, is reasonably likely to impair the structural integrity of existing or proposed structures or improvements;
(ii) The Tree is required to be altered by federal, state, or local statutes or regulations;
(iii) The Tree poses a fire risk unless altered, as attested by the Fire Marshal; or
(iv) The Tree is located on public property or a street, right-of-way, or easement and prevents the opening of vehicular traffic lanes or the construction of utility or drainage facilities.
3. Action by the responsible official.
(i) The Building Official will take action to approve or deny the application within ten (10) business days of submittal.
(ii) The Tree Removal Permit is automatically granted if the Building Official fails to take action within ten (10) business days.
F. Approval process (application related to development).
1. The Developer or applicant shall submit all items required in subsection D.2 above as part of the development-related application.
2. Review and approval of Tree Removal will take place as part of the associated development-related application.
3. Denial of the development-related application will constitute denial of a Tree Removal Permit.
4. If a development-related application that incorporates a request for Tree Removal is denied, the property owner retains the right to submit an application for a Tree Removal Permit.
Effect of approval.
A. A Tree Removal Permit issued under this
Section 6.1: Tree Preservation is valid for one hundred eighty (180) calendar days from the date of issuance by the Building Official or approval of an appeal by the City Manager.
1. The Planning Director may extend approval for up to thirty (30) calendar days at the written request of the property owner, provided the Planning Director receives the request before the expiration of the 180-day period.
Tree mitigation.
A. Any Trees that are removed or damaged as a result of the approval of a Tree Removal Permit issued pursuant to
§ UDC-6.1.6E must be mitigated on the same property or development area, unless the City Manager approves a fee in lieu.
1. The fee in lieu will be paid directly to the City to fund placement of trees at public parks or other approved public facilities throughout the City.
B. Any Trees that are removed or damaged as a result of the approval of a Tree Removal Permit issued pursuant to Section 6.1.6F must be mitigated pursuant to the ratios provided in
§ 5.1.1: Landscaping standards.
C. Fee in lieu of tree mitigation.
1. The City Manager may approve payment of a fee in lieu of replacement trees.
2. The fee shall be per the adopted fee schedule.
3. The fee in lieu option is available for only the following cases:
(i) If the property or development area is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or
(ii) If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree.
D. Limitations of species and placement. Replacement Trees must be shown and reviewed on a Landscape Plan consistent with the requirements of
§ 5.1.1: Landscaping standards and provide placement of Trees consistent with the requirements of those sections.
Critical root zone protection.
A. The applicant must protect the Critical Root Zone of each Protected Tree, Specimen Tree, or Heritage Tree not authorized for Removal or Alteration.
B. The following activities are prohibited in the Critical Root Zone:
1. Storage or parking or vehicles, building materials, refuse, excavated soils or dumping of poisonous or hazardous materials on or around the tree or its roots;
2. Conducting the activities listed in 1. above outside of the Critical Root Zone but situated in such a way that runoff from those materials drains directly into the Critical Root Zone;
3. The use of tree trunks as a winch support, anchorage, temporary power pole, sign posts, or other similar function;
4. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches, and other miscellaneous excavation without prior approval of the City;
5. Soil disturbance, grade changes, or changes in drainage that deprive the protected tree of water and/or nutrients or expose or have the potential to expose the root system;
6. Impervious paving;
7. Vehicular or equipment traffic.
C. The applicant must utilize the following proactive measures to protect the Critical Root Zone:
1. Install and maintain mulch or compost spread a minimum of three (3) inches deep within the Drip Line.
2. Prevent excavation of any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line, unless approved in writing by the Building Official.
3. Prevent the attachment, laying, or hanging of any rope, wire, nails, or other object capable of puncturing or lacerating a protected tree within the Drip Line or Critical Root Zone.
D. Protection of trees during construction.
1. All protected trees next to an excavation site or construction site for any building, structure, or street work, shall be guarded with a cedar fence, chain link mesh, frame, or box not less than five feet (5') high and surrounding the entire protected zone of the tree(s).
2. The barriers shall be approved by the Building Official and shall be in place before any site clearance or other site-disturbing act commences. Any barrier with lesser dimensions than those specified above shall be subject to approval by the building official.
(i) All building material, dirt, excavation or fill materials, chemicals, construction vehicles or equipment, debris, and other materials shall be kept outside the barrier.
(ii) Barriers shall remain in place until the final building and landscape site inspections are satisfactorily completed for the issuance of the Certificate of Occupancy.
