8.10.040 Permit process.
A. The application for a heritage tree removal permit shall be filed with the building department on a prescribed form. The building department may require the applicant, at the applicant’s expense, to furnish a written report from a certified arborist.
B. If the heritage tree which is the subject of an application meets the requirements as set forth in this section and is determined by staff to be a dead or dangerous tree as defined in Section 8.10.020(E) and pursuant to Chapter 8.08, based upon a review of the permit application and the inspection report, then the building department shall grant the permit and attach reasonable conditions to ensure compliance with the intent and purpose of this chapter such as, but not limited to, requiring replacement of the tree or trees removed with plantings acceptable to the building department. Such replacements shall not require submittal of a bond.
C. If the building department determines that the tree does not meet the requirements of a dead or dangerous tree and if the applicant requests planning commission review for removal and/or relocation, then the application shall be referred to the planning commission for consideration at a public meeting, noticed in accordance with Section 17.06.080(B). Each application for a heritage tree removal permit shall be accompanied by a fee in an amount as set by resolution of the city council sufficient to cover all costs of processing the permit. The application for planning commission review shall contain all requested information in order to be deemed complete.
D. Planning commission shall hear all evidence presented, and shall grant the heritage tree removal permit unless it finds that the removal of the subject heritage tree would be contrary to the purpose and intent of the general plan of the town, while considering the following criteria:
1. The probability of failure which is a function of heritage tree and site conditions such as, but not limited to, structural defects, presence of disease, species history, age or remaining life span, and varying weather conditions;
2. The probability of a public safety hazard, personal injury or significant property damage as a function of proximity to existing structures and objects of value and interference with utility services;
3. The number, species, size and location of existing trees in the area and the effect of the requested removal upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty, health, safety and general welfare of the area and town as a whole;
4. Good forestry practices such as, but not limited to, the age, number of healthy trees a given parcel of land will support and/or the long-term benefits of a proposed reforestation plan relative to existing site conditions;
5. The necessity to remove or relocate the heritage tree(s) to allow for operation of existing solar panels that were installed prior to the planting of the heritage tree(s) on the subject or adjoining property; and
6. The necessity to remove the heritage tree(s) to allow reasonable use or other enjoyment of the property when there is no demonstrated feasible alternative to the removal while meeting other adopted goals and policies of the general plan to the greatest extent feasible.
E. At the discretion of the planning commission, for each heritage tree permitted to be removed the permittee may be required to plant three trees of fifteen-gallon container size, or two trees of twenty-four-inch box container size, or one tree of fifteen-gallon container size and one tree of thirty-six-inch container size. Replacement trees shall not be those listed as disfavored trees above. Where heritage oak trees are allowed to be removed from within the buildable area, they shall each be replaced with one or more trees of forty-eight-inch container size of oak species at a location approved by the planning commission. The planning commission may also attach other reasonable conditions to ensure compliance with the intent and purpose of this chapter.
F. Any person required to plant replacement trees and/or relocate a heritage tree(s) pursuant to this section shall maintain such trees in a good and healthy condition to ensure permanent establishment of said trees, to the satisfaction of the town arborist. Such person shall execute a maintenance agreement with the town for a duration of between one year and three years, at the discretion of the town arborist. Such person shall also post a maintenance bond or security deposit equal to the appraised value of each tree that is planted and/or relocated. If the condition of the replacement planting(s) is not satisfactory to the town arborist during the term of the maintenance agreement, the town may take additional steps to ensure permanent establishment of replacement trees, including planting of new trees and/or an extension of the maintenance agreement and bond/security deposit. This requirement shall not apply to dead or dangerous trees.
The maintenance bond/security deposit shall be returned at permittee’s request at the termination of the maintenance agreement, subject to the approval of the town arborist. The town shall attempt to notify permittee at the address on file. If no response is received from initial town attempt by thirty days from notification, then the town shall attempt a second time to notify the permittee. If after three years from the termination of the maintenance agreement the permittee has not requested the return of the maintenance bond/security deposit, the funds shall be considered forfeited and shall be deposited into the town’s general fund and shall be purposed for projects and/or improvements as identified in the town’s current adopted capital improvement plan (CIP) and/or other adopted town plan or program.
G. The decision of the planning commission on any application for a heritage tree removal permit may be appealed to the city council in accordance with the procedures contained in Chapter 17.06. (Ord. 641 § 1 (Exh. A (part)), 2020; Ord. 533 § 3, 2002; Ord. 522 § 2, 2001; Ord. 484 § 1(A)—(C), 1994; Ord. 462 § 1(C)—(J), 1991; Ord. 444 § 4, 1989)