§ 17.40.470. Tree removal permit procedures.

The application procedures and standards for review of tree removal permit applications shall be as follows:

A.

Application Requirements. Any person desiring a tree removal permit, including any person or entity engaged in the business of tree removal services on commercial property, shall make written application to the zoning administrator upon forms provided by the zoning administrator along with the following information:

1.

The application shall include the name, address and telephone number of the landowner and/or agent.

2.

Each application for a tree removal permit shall be accompanied by a tree survey based upon current information. The survey shall show the location, size and type of protected trees upon the site, including common or scientific names. The survey shall indicate which protected trees are intended for removal and/or grubbing and which will be left undisturbed. An application for new construction does not require a tree survey when a final site plan shows that the required tree density will be met by showing the location, size and type of new or existing protected trees upon the site which are to be installed or maintained as required to meet the tree density requirement. The urban forester shall exempt the applicant from the tree survey requirement if the request for tree removal is the result of tree maintenance, disease or death, and not new construction, and the urban forester is able to assess that the existing tree density is substantially maintained. A final site plan prepared to the same scale shall be submitted which illustrates the following:

a.

The locations of existing and proposed buildings, layout of roads, utilities, parking areas for vehicles, storage areas for construction materials, and other items that disturb or compact the soil in tree root zones.

b.

Existing and proposed grades and subsequent erosion control measures to prevent siltation over the roots of protected trees and appropriate tree protection fencing for protected trees.

3.

Each application for a tree removal permit shall include a plan for disposal of the tree.

4.

The application and accompanying documents shall be submitted in copies sufficient to administer this article.

5.

The filing of an application shall be deemed to extend permission to the urban forester to inspect the subject site if necessary for purpose of evaluating the application.

6.

Tree permits allowing for pruning or removal of trees necessitated by the installation and/or on-going maintenance of public utilities and communications facilities may be issued by the urban forester to public utilities and communications facilities for a period of one year and may be renewed annually subject to continued compliance with the conditions of this article.

B.

Tree Removal Permit Review Criteria. No permit for the removal of a protected tree shall be granted unless the petitioner demonstrates one or more of the following conditions:

1.

A permissible use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

2.

The tree is located in such proximity to an existing or proposed structure that the safety, utility or structural integrity of the structure is materially impaired.

3.

The tree materially interferes with the installation, servicing or functioning of existing or proposed infrastructure, utility lines or services for which there is no feasible relocation alternative.

4.

The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

5.

The tree is diseased, insect ridden or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements.

6.

The removal of the tree is necessary to promote the growth of surrounding protected trees. Under this provision, the applicant must demonstrate a preference for protecting historic and specimen trees. Trees removed pursuant to this subsection are exempt from tree replacement requirements.

7.

Any law or regulation requires the removal.

8.

The site will maintain the required tree density after the removal of specified trees either with existing protected trees or with the installation of new trees.

C.

Tree Removal Permit Review Procedures.

1.

Applications that involve subdivision review or any form of site plan review before the planning commission, shall be reviewed by the planning commission in accordance with the applicable review procedures.

2.

Applications that do not involve final site plan review, but only the issuance of grading or building permits shall be reviewed by the zoning administrator and urban forester in accordance with the review procedures already in effect for the review and approval of such permits.

3.

The filing of an application shall be deemed to extend permission to the urban forester to inspect the subject site if necessary for purpose of evaluating the application.

4.

Unless otherwise specified, a tree removal permit shall automatically expire and become void if the work authorized by such permit is not commenced within six months after the date of the permit or if, once commenced, removal work is suspended, discontinued, or abandoned for a period equal to or greater than six months.

5.

Tree removal authorized by the approval of a final site plan or by approved subdivision construction plans shall remain valid concurrent with the approved plans.

6.

Notice of commencement and completion of the work or other activity authorized by the tree permit shall be made to the urban forester as stated on the permit issued.

(Ord. BL2004-371 § 1, 2004; Ord. BL2004-244 § 1, 2004; Ord. 96-555 § 10.10(D), 1997)