The following is the text of the Tree Protection Ordinance as presented for its second reading at the Council meeting of 11 May 1998, and may or may not reflect last-minute amendments to the ordinance. Since this was scanned from the printed copy, there may be some minor errors that have “crept in” during that process, as well. If you notice any errors please let me know! At any rate, this is for informational use only and should not be relied upon as a legal document.
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The ordinance consists of eleven sections:
9.940 INTENT 9.941 DEFINITIONS 9.942 CITY APPROVAL REQUIRED
9.943 TREES IN PUBLIC RIGHTS-OF-WAY (STREET TREES)
9.944 TREES IN NATURAL RESOURCE AREAS
9.945 TREES ON DEVELOPABLE LAND PRIOR TO AND DURING DEVELOPMENT
9.946 TREES IN APPROVED DEVELOPMENTS
9.947 PROTECTION OF REGISTER TREES
9.948 DESIGNATION OF REGISTER TREES
9.949 PROCEDURE FOR REMOVAL OF A DESIGNATED LANDMARK FROM THE REGISTER
9.950 MITIGATION AND PENALTIES
(Ord. 92-03, 1/27/92; Ord. 93-09, 8/9/93)
The trees of Forest Grove, a reminder of the City's namesake, offer historic, aesthetic, spiritual, social, environmental, and monetary values to the community. To ensure the success of the urban forestry program, the tree management ordinance establishes governing guidelines, a legal framework, and authority for the community forestry program. This ordinance seeks to enhance the quality of life in Forest Grove by promoting good stewardship that will ensure the continued health and well-being of the community forest. This ordinance creates a protected status for trees as listed below:
(1) Street Trees: Any woody perennial plant permitted by the City to be planted in the public right-of-way. Typically a 1 3/4 inch caliper or larger nursery stock tree.
(2) Natural Resource Vegetation: Trees and vegetation within wetlands or wetland buffer areas. flood plains, within 30 feet of center line of mapped drainage ways, and open space areas as designated on the Comprehensive Plan.
(3) Trees on Developable Land: Trees which have a diameter of 6 inches or larger, measured at 4.5 feet above natural grade, and are on land subject to or undergoing development review. Development review includes site review, subdivision review, partition review, building permit review and design review.
(4) Trees on Approved Site Plan: These trees were existing and/or shown on site plans, and are part of an approved development.
(5) Register Trees: Trees placed on a register list (includes tree groves) as defined in this ordinance. Register Trees may include trees from any of the above categories as well as on private property.
Where any tree falls into more than one category, the most restrictive criteria apply.
1. Applicant: Owner or designated agent.
2. Canopy: Space of the tree above ground including the trunk and branches measured in volume.
3. Caliper: The diameter of nursery measured 6 inches above the base of the tree.
4. Developable Land: For purposes of the tree protection section of the ordinance, developable land is property which can have additional residential units or additional commercial or industrial development without removing existing structures and while meeting City code standards.
5. Drip line: The outermost edge of the tree's original canopy. When depicted on a plan, the drip line will appear as an irregular-shaped circle that follows the canopy edge of the tree branches as seen from overhead.
6. Grove: A stand of three or more trees (of the same species or a mixture) which form a visual and biological unit.
7. Inventory. All trees and groves listed in the Forest Grove Significant Tree Inventory (as amended), or other record accepted by the Community Forestry Commission (CFC) which indicates the location, size, species, and/or value of trees.
8. Major Pruning: Removal of over 10 percent of the tree's canopy, any tree topping, or disturbance of over 10 percent to the root system.
9. Mitigation bank: Publicly-held land used for mitigation of trees and vegetation damaged or destroyed during work in Natural Resource Areas, when on-site mitigation is not practical, or when off-site mitigation is environmentally preferable.
10. Public Right-of-Way: The space between the street edge and the property line, often the inside of the sidewalk. This area includes the park strip or tree lawn area between the curb and sidewalk.
11. Register Tree: Any tree which is listed on the Tree Register according to Section 9.943.
12. Root Zone: Area of the ground around the base of the tree measured from the trunk to 5 feet beyond the drip line.
13. Tree: Any woody, perennial plant, deciduous, evergreen or coniferous, characterized by having a single main stem or trunk, but may include multi-stemmed or multi-trunked trees.
14. Vegetation: Any woody, perennial plant, deciduous, evergreen or coniferous, which is not defined as a tree.
Unless specifically exempted under Permit Exemption below, protected trees require City approval prior to removal
or major pruning. It shall be unlawful within any one year period to remove or prune so as to remove over 20% of
a tree's canopy, top a tree, or disturb over 10% of the root zone of any protected tree or vegetation except in
accordance with the provisions of this ordinance.
(A) Permit Requirements.
(1) The applicant shall file an application for protected tree removal or pruning with the City. The owner or authorized agent must submit information on the location and size of the parcel, the location, type, and size of the tree or trees in question, and the reasons for the desired action. The information and reasons shall address any appropriate criteria based on the type of area and tree designation. The City may require the verification of any stated tree illness, safety problem, etc. by an arborist certified by the International Society of Arboriculture, paid for at the applicant's expense.
(2) The Department shall ascertain whether the request is valid under the terms of this ordinance within four working days of submission. If valid, the permit shall be processed within seven working days unless referred or appealed to the Community Forestry Commission (CFC) or Historic Landmarks Board (HLB). All permits for removal and pruning shall be issued with the following conditions attached:
(a) Trees subject to this ordinance shall be removed or pruned following pruning standards of the International Society of Arboriculture, those standards provided to all applicants by the City at the time the permit is issued.
(b) It is the responsibility of the applicant to assure that all protected trees are removed or pruned in a manner which ensures safety to individuals and public and private property.
(c) Other conditions as the City (or other body upon referral or appeal) shall attach in keeping with the purpose of this ordinance.
(B) Permit Exemption.
(1) Imminent Danger. If an imminent danger exists to the public or any property owner or occupant, the City may issue an emergency removal permit. The removal shall be in accordance with accepted arboricultural standards and be the minimum necessary to eliminate the danger. (Penalty for Incorrect Danger Assessment. If it is determined that imminent danger did not exist or that the hazardous condition had existed for over 60 days and the owner delayed in applying for a permit, mitigation shall be required as established in Section 9.950 of this ordinance.)
(2) Maintenance. Regular maintenance which does not require removal of over 20% of the tree's canopy, tree topping, or disturbance of over 10% to the root system.
(C) Review Process.
(1) Requests for tree removal or major pruning are reviewed, approved, approved with conditions, or denied by the Community Development Director or designee. Conditions shall be related to impact of the requested action. Staff decisions may be appealed before the CFC, and CFC decisions may be appealed before the City Council. In reviewing such appeals, the CFC or City Council may approve, approve with conditions, or deny. Appeal periods and procedures are as set forth in Section 9.911 of this ordinance.
(A) Criteria. The permit for major pruning or removal shall be granted if any of the following criteria have been met:
(1) The tree is dead or diseased. Criterion (1) shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the tree. Criterion (I) is to determine if major pruning or removal is appropriate, and shall not be used to require treatment of the tree.
(2) The tree has become a major nuisance by virtue of damage to personal property or improvements, either public or private, on the subject site or adjacent sites, or and that the maintenance required to prevent damage to such improvements or property outweigh the value of the tree to the community.
(3) The tree is unsafe to the occupants of the property, an adjacent property or the general public.
(4) The proposed removal is part of a development project.
(5) The removal is for a public purpose, and there is no alternative without significant cost or safety problems.
(6) The removal is part of a street tree improvement program, such as improving the streetscape, or improving
the age and species diversity within the City.
(B) Additional Requirements.
(1) It shall be unlawful to attach anything to a tree, or to the support or protection devices of a tree, except that which is used for support or protection or approved by the City.
(2) It shall be illegal to remove protective devices from around a tree, or in any way damage a street tree.
(3) The applicant shall state when products of pruning or tree removal will be used for a financial return. The commercial harvesting of tree products (e.g. harvesting and selling of spring foliage) shall not be the primary purpose for pruning or cutting trees in the public rights-of-way.
(4) If removal is allowed, the stump shall be removed to a depth of six inches below the surface of the ground or finish grade of the street, whichever is of greater depth.
(5) Mitigation requirements shall be according to Section 9.949(A) requiring a tree of at least 2 inch or larger caliper size to be planted within one year of removal.
(C) Planting Requirements.
(1) Approved Species.
(a) New street trees shall conform to an existing tree plan unless a specific exception is granted. When a tree plan does not exist, tree species shall be determined by the City. In selection of tree species, the City shall consider the list of prohibited trees, the available planting area, above or below ground restrictions, the need for tree diversity, and the requests of adjacent property owners.
(b) The specific location and distance between street trees shall be determined by the City.
(2) Planting specifications such as depth and width of tree well, fertilization, and watering requirements shall be determined by the City.
(D) Maintenance.
(1) Responsibility of property owner adjacent to public rights-of-way.
(a) Appropriate watering of the tree is required by the adjacent property owner for two years following planting, unless a City irrigation system, City maintenance program, or separate maintenance contract is developed which specifically removes the property owner of this responsibility.
(b) Pruning requirements. Trees or shrubs standing in or upon any public right-of-way, or on public or private grounds, and having branches projecting into the public street or sidewalk, shall be kept trimmed by the owner or owners of the property adjacent to or in front of which such trees, shrubs or plants are growing so that:
(i) The lowest branches shall not project lower than 12 feet above the surface of the street, and shall not
project lower than 1 4 feet above the surface of streets designated as state highways.
(ii) The lowest branches shall not project lower than eight feet above the surface of any sidewalk or footpath.
(iii) The branches of any tree, shrub, or other vegetation shall be pruned so as to maintain the vision clearance
area set forth in Section 9.850 of this ordinance.
(iv) Newly planted trees may remain untrimmed, provided they do not interfere with street traffic or persons using
the sidewalk.
(v) If pruning results in removal of over 20% of crown, tree topping, or disturbance of over 10% of the root system
then a permit is required.
(vi) Where tree roots create hazardous sidewalk conditions, the owner is responsible for pruning the roots or modifying
the sidewalk to alleviate the hazardous condition.
(3) City Maintenance.
(a) The City may perform pruning on any street tree within the rights-of-way without any permit if total pruning
results in removal of less than 20% of the crown or disturbance of less than 10% of the root system. Major pruning
of a series of street trees may be combined in one permit.
(b) If the owner or owners. lessees, occupants or person in charge of the property shall fail and neglect to trim
such trees, shrubs or plants within 10 to 45 days after notice, the City shall trim such trees, shrubs or plants.
Such trimming by the City shall not act to relieve such owner, lessee, occupant or person in charge of responsibility
for violation of the ordinance.
(A) Additional Information Requirements. An applicant who wishes to remove vegetation or do work within a Natural Resource Area shall submit:
(1) Information indicating the area being affected; and
(2) The nature of the work proposed and/or the reasons for removal of vegetation; and
(3) A plan for mitigation or re-vegetation. and
(4) Evidence of submittal of appropriate applications to state and federal agencies as required.
(B) Criteria. The request for vegetation removal shall be approved based on the criteria below:
(1) The permanent impact will be negligible or minor.
(2) The removal is necessary to prevent the spread of disease or insects declared to be a nuisance by a government agency or qualified arborist. or to correct or eliminate a natural hazard (as identified by the City or qualified arborist) to the property owner, surrounding properties, or community at large.
(3) The loss of value will be of temporary duration until new vegetation can be established, or the mitigation plan provides satisfactory replacement of the lost vegetation and establishment of a new resource area of equal value to be completed within two planting seasons. Mitigation for lost vegetation is preferred on-site, or within the immediate vicinity of the subject site. Off-site mitigation may be approved if there is no reasonable alternative and a method of guaranteeing permanent use of the area off-site is found, such as dedication of the area to a public entity, easement or deed restriction.
(4) Timetables for the work shall be established which minimize the impact on wildlife.
(A) Protected Trees Prior to Development. A permit shall be required for the removal or major pruning for trees 6 inches or greater in diameter, measured 4.5 feet above natural grade, or other Protected Trees as defined in this ordinance. A permit may cover a tree management plan which specifies cutting, pruning, and thinning on a 6-month to 2-year basis.
(B) Trees shall be protected in the following instances:
(1) Groves or wooded areas associated with natural drainages and wetland areas shall be retained to preserve riparian habitat and to minimize erosion.
(2) Groves or wooded areas along property lines shall be retained to serve as buffers from adjacent properties.
(3) Trees shall be retained in sufficiently large areas and dense stands so as to ensure against a narrow row of trees which are prone to wind damage.
(C) Tree Removal Criteria. The permit for removal hall be granted if any of the following criteria have been met:
(1) The tree is dead or diseased. Criterion (1) shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the tree. Criterion (1) is to determine if major pruning or removal is appropriate, and shall not be used to require treatment of the tree.
(2) Removal of the trees is necessary to accomplish a public purpose, such as the installation of public utilities or provision of public streets by a public agency. The applicant shall show evidence of consideration of alternative designs.
(3) Removal of trees is for thinning purposes following accepted arboricultural practices.
(D) Review Standards During Development Review.
(1) Types of Review Covered. The following types of review are subject to a tree permit as required in this ordinance:
(a) Conditional Use
(b) Land Partition
(c) Planned Development
(d) Site Review
(e) Subdivision
(f) Variance
(g) Design Review
For those structures and sites already receiving an appropriate development permit, no additional permit is required as part of building permit issuance.
(2) Permit Requirements. In conjunction with the development permit requested, the applicant shall include the location, size, and species of all trees subject to this ordinance. Groves of trees which are to be protected do not have to be individually delineated, however the number of trees in each grove shall be included.
(3) Protection Plan. For all such trees proposed to be preserved, the applicant shall submit a protection plan which indicates how those trees or groves will be protected from soil compaction, construction activities, grade changes, and soil erosion. This protection plan shall be part of the landscape plan incorporating other landscaping requirements.
(4) Review Criteria. Trees of 6-inch diameter or larger, measured 4.5 feet above natural grade, shall he preserved unless the applicant proves to the satisfaction of the reviewing body that removal is necessary as a result of:
(a) Necessity to remove trees which pose a safety hazard to pedestrians, property or vehicular traffic or threaten
to cause disruption of public service; or which pose a safety hazard to persons or buildings.
(b) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury.
(c) Necessity to observe good arboricultural practices.
(d) Need for access immediately around the proposed structure for construction equipment.
(e) Need for access to the building site for construction equipment.
(f) Essential grade changes. Essential grade changes are those grade changes needed to implement safety standards
common to standard engineering or architectural practices.
(g) Surface water drainage and utility installations.
(h) Location of driveways, buildings or other permanent improvements so as to avoid unreasonable economic hardship.
(i) Compliance with other ordinances or codes.
(j) Necessity to install solar energy equipment.
For criteria (d) through (h) above the applicant shall show evidence of exploring alternate designs which would increase tree protection. Removal of Register trees shall also comply with the criteria under Section 9.948.
(5) Yard Setback Adjustment.
(a) The Community Development Director or designee may authorize adjustments from the setback requirements of
the Zoning Ordinance where it can be shown that, owing to special and unusual circumstance related to a specific
property, a proposed development would result in the removal of trees designated in the Register. An adjustment
to the side, front, and/or rear yard setback requirements by up to 50 percent may be authorized if necessary to
retain designated Register trees. Adjustments may be made for subdivision and partition lots, provided the average
lot size for the request meets required densities. The Community Development Director or designee may grant only
the minimum adjustment necessary to retain the designated Register trees. In granting the adjustment, the Community
Development Director or designee may attach conditions necessary to protect the best interests of the surrounding
property or neighborhood and to otherwise achieve the purposes of this ordinance.
(b) Notice of the granting of an adjustment shall contain the address of the property and the specific adjustment
granted with such conditions as may have been applied, the effective date of the adjustment, and when, where, how
and by whom an appeal to the decision may be filed. Notice shall be provided by mail to each abutting property
owner.
(c) Any affected party may file a written appeal to the CFC of such an adjustment granted by the Community Development
Director or designee prior to the effective date of such order. The appeal shall set forth wherein the Community
Development Director or designee failed to adhere to the provisions of this ordinance. An appeal stays all action
and suspends the adjustment until the appeal is resolved. Decision of the CFC may be appealed to the City Council.
Trees which were existing and retained as part of a development review procedure.
(A) Criteria: The permit for major pruning or removal shall be granted if any of the following criteria have been met.
(1) The tree is dead or diseased. Criteria (1) shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the tree. Criteria (1) is to determine if major pruning or removal is appropriate, and shall not be used to require treatment of the tree.
(2) The tree has lost its significance in terms of its original designation due to damage from natural or accidental causes, or if some other reason can be established that it is no longer of historic significance.
(3) The tree has become a major nuisance by virtue of damage to personal property or improvements, either public or private, on the subject site or adjacent sites, and that the maintenance is required to prevent damage to such improvements or property outweigh the value of the tree to the development.
(4) The tree is unsafe to the occupants of the property, an adjacent property or the general public.
(5) The pruning removal or replacement of the tree results in an improved development as measured by the original review criteria. Decisions under this provision may be transferred by staff or the applicant to the original reviewing body.
(A) Register Trees. Register Trees are those identified and adopted by Council ordinance, and are subject to this section in addition to any requirements set forth in sections 9.943 through 9.946.
(B) Pruning.
(1) Register trees subject to this ordinance shall be removed or pruned following pruning standards of the International Society of Arboriculture, those standards provided to all applicants by the City at the time the permit is issued.
(2) When development is proposed within a significant grove or when Register trees are located within a site proposed for development, a tree preservation plan demonstrating preservation methods shall be submitted for approval. If justification for removal is based upon the health of the tree, and a visual inspection by the City cannot establish that the tree is dead or seriously diseased, the applicant shall hire an arborist certified by the International Society of Arboriculture, or pay a fee established by the City so that such arborist can be hired to inspect and evaluate the health of the tree.
(C) Criteria. The permit for major pruning or removal shall be granted if any of the following criteria have been met:
(1) The tree is dead or diseased. Criterion (1) shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the tree. Criterion (1) is to determine if major pruning or removal is appropriate, and shall not he used to require treatment of the tree.
(2) The tree has lost its significance in terms of its original designation due to damage from natural or accidental causes, or if some other reason can be established that it is no longer of historic significance.
(3) The tree is unsafe to the occupants of the property, an adjacent property or the general public.
(4) The proposed removal is par of a development project and:
(a) The removal is for a public purpose, and there is no alternative without significant cost or safety problems
as determined by the CFC, or
(b) Protecting Register trees results in a density reduction of over 15%, or an increase in costs of 15%. If this
is so, the allowed tree removal shall be the minimum required to reduce the impact on density and costs of less
than 15%.
(D) Construction Around Register Trees. In the absence of specific restrictions or allowances, the following construction practices shall be followed.
(1) Excavations and driveways shall not be placed within six feet of any tree or within 80% of the distance between the drip line and the tree trunk, whichever is the greater distance. During such excavation or construction, this distance shall be protected and no temporary building, building material, vehicle, or debris kept within this area. Exceptions to this distance may be approved upon a favorable report by a qualified arborist.
(2) During the erection, repair, alteration or removal of any building or structure in the drip line or designated distance of a Significant or Historic tree, there shall be a sufficient fence to prevent injury to such tree before starting and during construction (directly or as a result of soil compassion in the root area) as a result of such construction.
(E) Issuance of permit. All permits for removal and pruning shall be issued with the following conditions attached:
(1) Any Register tree shall be removed or pruned following standards of the International Society of Arboriculture, which standards shall be provided to all applicants by the City at the time the permit is issued.
(2) It is the responsibility of the applicant to assure that all protected trees are removed or pruned in a manner which ensures safety to individuals and public and private property.
(3) Other conditions (such as one or more replacement trees) shall be attached in keeping with the purpose of this ordinance.
(F) Relative Value. The relative significance and historic value of the tree (based on the Manual of Tree and Landscape Appraisers), as determined in the inventory or other study, shall be considered in evaluating the need for removal or mitigation requirement.
(G) Referral and Appeals. The Community Development Director or designee may refer the review to the CFC. The Director or designee may also request a recommendation from the Historic Landmarks Board if the permit request involves trees with historic significance. A decision of the Director may be appealed to the CFC. Appeals of the CFC decision shall go directly to the City Council with time periods and procedures as per Section 9.911 of this ordinance.
(A) Inventory and possible Register. An inventory shall be conducted of significant trees (including groves) which could qualify as being placed on the Register. Criteria are as follows:
(1) Tree Criteria. An individual tree shall be considered significant if the CFC finds:
(a) The tree has a distinctive size, shape or location which warrants a significant status; or
(b) The tree has special botanical significance as a specimen in the Forest Grove area; or
(c) The tree possesses exceptional beauty which warrants a significant status; or
(d) The tree is significant due to a functional or aesthetic relationship to a natural resource; or
(e) Along with one of the above the tree is significant based upon its association with historic figures, properties
or general growth and development of the city.
(2) Grove Criteria.
(a) The grove is relatively mature and evenly aged; and
(b) The grove has a purity of species composition, is of a rare or unusual nature, or is an exceptional example
of a type of forest such as riparian or woodland: and
(c) The grove is in a healthy growing condition; and
(d) The grove has a crucial functional and/or aesthetic relationship to a natural resource; or
(e) The grove has a historic significance based upon its association with historic figures, properties or general
growth and development of the city.
(B) Inventory and Register Updates. Provisions shall be made for periodic updates of the tree inventory and possible Register as required by changes in the number and condition of significant trees.
(C) Creation and Modification of Register Tree List. The CFC shall review the Inventory and other pertinent information and draw up a proposed list of significant trees and groves of trees which the CFC believes meets the criteria to be placed on the Register.
(D) Notice of Public Hearings and Limited Land Use Decisions. The CFC shall hold at least one public hearing on this proposed list, and notice shall be given as prescribed in Section 9.915. Following the public hearing(s) each property owner of the tree or trees under consideration for Register status shall be notified by mail. The notice shall inform tree owners that they can request in writing that the tree(s) on their property not be considered for Register status. Attached to the recommendation to Council shall be a list of current property owners who have requested their tree(s) not be placed on the Register. The notice shall also include, at a minimum, the following:
(a) A brief explanation of the existence and function of the Forest Grove Register of Significant Trees.
(b) A statement that particular actions affecting the tree or grove will require prior review and action by the
CFC or City staff, as provided in Sections 9.944 to 9.948 et. seq.
(c) A statement that the CFC is available and willing to review on an informal basis any plans which may be prepared
for work which might affect the tree or grove.
(d) A statement that the City has access to resource materials and persons to provide guidance in developing plans
for work which may affect the tree or grove.
(E) Annual Notification of Register Tree Owners. Once each year, between January 1 and April 1, the City shall mail a notice to the owners and occupants of the property on which each Register Tree is located. The list of owners shall he drawn from the most recent tax roll of the County Assessor. The list of occupants shall be drawn from the most recent listings posted in the unified billing accounts of the City. The purpose of the notice shall be to inform or to remind the owners and occupants of the property that such tree or grove has been found by the City to be a significant tree or grove, and that its listing on the Register subjects the tree or grove to certain review requirements. The notice shall also include, at a minimum, the following:
(a) A brief explanation of the existence anti function of the Forest Grove Register of Significant Trees.
(b) A statement that particular actions affecting the tree or grove will require prior review and action by the
CFC or City staff, as provided in Sections 9.944 to 9.948 et. seq.
(c) A statement that the CFC is available and willing to review on an informal basis any plans which may be prepared
for work which might affect the tree or grove.
(d) A statement that the City has access to resource materials and persons to provide guidance in developing plans
for work which may affect the tree or grove.
Removal of a designated tree from the Register may be proposed by a property owner or his authorized agent, by the CFC, or by the City Council. (Such request does not restrict the applicant from removing or maintaining the tree as part of 9.912,(B), Permit Exemption.) In proposing removal, an application shall be prepared and filed with the City, using forms prescribed by the City. Notice of the public hearing shall be given as prescribed in Section 9.915.
(1) Within sixty days from receipt by the City of a complete application for removal of a designated tree from the Register, the CFC shall consider and act on the request. After considering the request, and any relevant testimony, the CFC shall act to recommend approval of the request as submitted, approval of the request with modifications, or delay the request.
(a) The C FC shall make its decision on the basis of the criteria contained in Section 9.948 and shall make
specific findings of fact as to whether the tree has lost its significant value based on these criteria.
(b) The CFC has one of two options as follows:
(i) The CFC can stay the request for removal from the Register by making specific findings of fact as to why
the tree should be retained on the Register, and request review by the City Council. Council review shall meet
the notification and public hearing requirements of 9.915 and 9.917. The City Council can approve the request,
approve with conditions, or deny the request; or
(ii) The CFC can require a delay of up to one year to explore methods and options of retaining the tree on the
Register in its present location, or having the tree moved at a cost to the applicant of less than $300. If at
the end of one year the tree has not been moved or protective arrangements completed the owner may remove the tree
from the Register. Under an appeal of the delay requirement the City Council has the option of denying a request
for removal from the Register as if the issue was brought to them under 9.949(l)(b)(i) above.
(A) Tree Replacement. Replacement trees shall be new trees, 2 inches in caliper size or larger, meeting City requirements for tree type, placement, installation, and watering provisions. The owner (or with street trees the adjacent property owner) shall be responsible for the continued health of the new tree including regular watering. Replacement shall be completed within one year of removal.
(B) Improper Removal Mitigation:
(1) Removal or destruction of a tree in violation of Zoning Ordinance 9.940 et. seq. is developed single-family zoned property (and ,which does not meet the criteria of developable land) is punishable by replacement of the tree and a fine which shall not exceed the fine set forth in Section 1.095 of the Municipal Code or the value of the tree set forth in Section 9.950(B)(2) below, whichever is less.
(2) In all other cases removal or destruction of a protected tree in violation of Zoning Ordinance 9.940 et. seq. is punishable by a fine which shall not exceed the replacement value of the tree as based on the Guide for Plant Appraisal. In lieu of a cash payment to the City, the City may accept a mitigation of said value based on the following alternatives, singularly or in combination:
i) One or more trees resulting in the same or higher value of the removed tree, except that the value shall
be no less than the cost of tree replacement as specified in Section 9.940(B)(2) above.
ii) One or more trees of a species acceptable to the City in which the caliper size cumulative square inches of
the replacement trees equal the diameter measurement at 1.5 feet above natural grade of the removed trees.
(3) Mitigation shall be completed within one year.
(4) Mitigation Completion. Where it is determined that tree removal was performed illegally all permit processing in work for that parcel shall be suspended until mitigation is complete.
(C) Partial Compliance With Criteria. If the required criteria have only been partially met, then the reviewing
body can require mitigation greater than Section 9.949(A), Tree Replacement, but less than Section 9.949(B), Improper
Removal.
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