§ 22.56

The standards of this Chapter are intended to protect existing trees from indiscriminate or unnecessary removal. Tree removal means the destruction or displacement of a tree by cutting, bulldozing, or other mechanical or chemical methods, which results in physical transportation of the tree from its site and/or death of the tree. [22.05.060]

No person shall allow or cause the removal of any tree located within urban or village reserve lines, or other specific areas identified in the planning area standards (Article 9) as being subject to these standards, without first obtaining a tree removal permit, as follows.

A.

When required. Zoning Clearance (Section 22.62.030), is required before the removal or replacement of any existing trees except trees that are.

1.

Identified and approved for removal in an approved Zoning Clearance, Site Plan Review, Minor Use Permit or Conditional Use Permit, provided that such removal is subject to the standards of Section 22.56.030 (Tree Removal Standards); or

2.

Located within residential land use categories on sites developed with residential uses; or

3.

Located within or adjacent to a public or public utility right-of-way, when such trees are to be removed by a public agency, public utility or are to be removed under an encroachment permit issued by a public agency having jurisdiction; or

4.

In a hazardous condition which presents an immediate danger to health or property; or

With trunks measuring less than eight inches in diameter at four feet above grade; or

6.

To be removed in preparation for agricultural cultivation and crop production in an Agriculture land use category.

7.

To be removed as part of management practice in orchards of commercial agricultural production.

B.

Application content. Land use permit applications that propose tree removal are to include all information specified by Section 22.62.030 (Zoning Clearance Content), and the following.

1.

The size, species and condition (e.g., diseased, healthy, etc.) of each tree proposed for removal.

2.

The purpose of removal.

3.

The size and species of any trees proposed to replace those intended for removal.

[Amended 1982, Ord. 2091] [22.05.062]

Applications for tree removal in compliance with Section 22.56.020 are to be approved only when the following conditions are satisfied.

A.

Tagging required. Trees proposed for removal shall be identified for field inspection by means of flagging, staking, paint spotting or other means readily visible but not detrimental to a healthy tree.

B.

Removal criteria. A tree may be removed only when the tree is any of the following.

1.

Dead, diseased beyond reclamation, or hazardous;

Crowded, with good horticultural practices dictating thinning;

3.

Interfering with existing utilities, structures or right-of-way improvements;

4.

Obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal;

5.

Inhibiting sunlight needed for either active or passive solar heating or cooling, and the building or solar collectors cannot be oriented to collect sufficient sunlight without total removal of the tree;

6.

In conflict with an approved fire safety plan where required by Chapter 22.50;

7.

To be replaced by a tree that will provide equal or better shade, screening, solar efficiency or visual amenity within a 10-year period, as verified in writing by a registered landscape architect, licensed landscaping contractor or certified nurseryman.

[22.05.064]

Chapter 22.58 - OAK WOODLAND ORDINANCE