Chapter 11.12 — DESIGNATION OF LANDMARK TREES

Upon recommendation of the Director of Community Services, the City Council may designate as a landmark tree any tree on public property. In making such designation, the City Council shall consider the age, size, shape, species, location, historical association, visual quality or other contribution which the tree makes to the City's character. (Ord. 5747 § 1 (part); December 12, 2000.)

No landmark tree shall be removed without prior approval of the City Council, which approval shall be based upon one or more of the following findings:

.010 The landmark tree poses a threat to the public health or safety due to its general condition, the potential of the tree falling, the tree's proximity to existing or proposed structures, the tree's interference with utility services, and/or the tree's status as a host for parasitic plants, pests or diseases endangering other species of trees or plants with infection or infestations;

.020 Removal is necessary to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of adjoining property;

.030 The landmark tree has or will have an adverse effect on soil retention, water retention, and/or diversion or increased surface water;

.040 Removal of the landmark tree will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole given the number, species, size and location of existing trees in the area of the landmark tree; and

.050 Removal of the landmark tree is consistent with good forestry practices such as, but not limited to, consideration of the number of healthy trees a given parcel of land will support. (Ord. 5747 § 1 (part); December 12, 2000.)

The City Council may impose reasonable conditions upon the removal of a landmark tree, including, but not limited to, any of the following:

.010 Planting of additional trees on the property from which the landmark tree was taken;

.020 Planting of new trees at a location different from the property from which the landmark tree was removed;

.030 The implementation of an objectively observable maintenance and care program to ensure the continued health and care of remaining landmark trees, if any, on the property from which the subject landmark tree was removed; and

.040 A designation of City funds for additional tree planting stock to be planted within the City should a suitable replacement location of the removed landmark tree not be possible. (Ord. 5747 § 1 (part); December 12, 2000.)

The City Council, at its sole and absolute discretion, may rescind the landmark tree designation given to any tree at any time that the City Council determines that the criteria upon which the designation was based no longer supports such designation.

(Ord. 5747 § 1 (part); December 12, 2000.)