Sec. 153.436 - Permit—Application review.

(A)

The Planning Director shall review the application according to the following criteria and grant the permit if any of these following criteria apply to the significant trees.

(1)

They are significantly diseased and at risk of dying, transmitting disease to other trees, or falling down;

(2)

They are a potential hazard to people or structures for other reasons, including but not limited to weak root structure, leaning, and decay;

(3)

Significant trees may be removed as may be required to permit construction authorized by a valid building or grading permit which specifies such removal;

(4)

Thinning (removal of select significant trees) is recommended by a certified arborist for the health of the remaining trees or by the Woodside Fire Protection District for fire protection; or

(5)

They are Eucalyptus, Acacia or Monterey Pine, and are not designated as a landmark.

(B)

Factors in addition to the above that may be considered in support of a denial include, but are not limited to, size of the significant trees, number of trees remaining on the lot, number of same species trees in close proximity whose removal would significantly impact the surrounding ecosystem, timing of the cut, and potential for excessive and unnecessary scarring of the natural landscape through removal of vegetation. The Planning Director may issue a permit but require that the removal be delayed for reasons including, but

not limited to, habitat preservation and avoiding damage to other trees. The Planning Director may also require tree replacement, as provided in Section 153.438.

(C)

The Planning Director may refer the matter to the Town's Conservation and Environmental Health Committee or the Town's Architectural and Site Review Board (ASRB) for a recommendation. In such cases, the Planning Director shall, within ten days, send a letter to the applicant listing the circumstances that led to the referral. If the Planning Director refers the matter to the ASRB, all neighbors with properties adjacent to the property on which the significant trees are located shall be notified in writing in advance of the meeting.

(Ord. 2006-534, effective 1-11-07; Am. Ord. 2017-589, effective 8-24-17)