§ 17-5. Criteria and conditions for tree permits.

(a)

Criteria for tree permits. In determining whether a tree permit should be issued, the department will consider the following criteria:

(1)

Whether the tree is located in the buildable area or yard area where a structure or improvement may be placed and the tree unreasonably restricts the permitted use of the property. Trees located in the property frontage (within the 15-foot setback), are not considered located within the buildable area or yard. Ingress and egress to garages are not considered buildable or yard areas. Trees on a public right-of-way shall not be considered for removal because they restrict ingress or egress to the garages or parking on the site, except if there is no other reasonable access to and from the structure or to the property from the public right-of-way.

(2)

Whether the tree is in danger of falling; interferes with utility service determined by a trained and experienced vegetation management or line clearance employee and/or person; creates unsafe vision clearance within a sight triangle or other legal right-of way; or materially impairs the structural integrity of an existing structure.

(3)

Whether the tree is deemed a high-risk tree, fatally diseased or dead. The department may require supporting documentation confirming that the tree is a high-risk tree, fatally diseased or dead and cannot be abated by other means (i.e. pruning, trimming, fruit removal, removal of hazardous limbs); photographs of the tree(s) showing the conditions, signs or symptoms of the tree; any laboratory analysis or relevant scientific literature; and any other potential supporting documentation.

(4)

Whether the tree is a prohibited tree species. The department may require photographs of the tree(s) to support identification of the tree species. Prohibited tree species may be removed without the need for a replacement tree.

(5)

Whether the tree creates a health hazard; interferes with native tree species; or creates a negative impact on natural land features such as rock outcroppings, sink holes or other geological, historical or archeological features.

(6)

Any other relevant criteria the department deems appropriate to consider in order to make a determination.

(b)

Conditions for issuance of a tree permit. Any or all of the following conditions may be required by the department prior to issuance of a tree permit:

(1)

The applicant may be required to redesign the project to preserve specimen tree(s) or any other tree determined by the department to be of substantial value because of its species, size, age, form and/or historical significance, and to provide an alternate plan that includes the adequate preservation of said tree(s) and design alterations within the scope and intent of the initially proposed plan.

(2)

Where practical, specimen trees or any other tree determined by the department to be of substantial value because of its species, size, age, form and/or historical significance, proposed for removal, shall be relocated on or off-site within the commission district of the subject property. The applicant shall adhere to acceptable tree relocation standards and specifications. The department may require a certified arborist to monitor the root pruning and tree relocation preparation efforts on site and to provide documentation certifying that the work was accomplished according to acceptable standards and specifications.

(3)

If it is impractical to relocate said tree(s) either on or off-site, because of age, type or size, the applicant shall be required to replace all trees permitted to be removed in accordance with the tree replacement requirements in section 17-6.

(4)

The department may require that the applicant provide a written report from a certified arborist before making any determinations in conjunction with this article. The department may also require monitoring by a certified arborist during construction and/or tree activity requiring a tree permit to assure tree preservation.

(Ord. No. 13670, § 2, 3-23-17)