Sec. 37-10. Processing of permits -- Standards for permits.
Permits are required to be approved before a protected tree may be removed. The City Forester shall review and approve protected tree removals except that the Community Development Department shall review and approve tree removals related to new development, which as used in this chapter shall mean any project requiring the construction of new commercial, residential, or mixed-use structures and/or additions thereto. Permit requirements, review procedures and standards for issuing permits are as follows:
A. Application.A person who desires to move or remove a protected tree on any private parcel shall secure a permit from the City on an application provided by the City, accompanied by the required fee. The application shall contain the number, species, size, and location of the tree or trees involved, a statement of the reason for the requested action, and any other pertinent information determined necessary by the City.
Upon receipt of an application for a permit, the City Forester, Community Development Department, or designated representative shall review the application for accuracy and completeness and make an inspection of the subject tree(s). The application shall be processed as follows:
1.If the application is incomplete it will be returned to the applicant and no action will be taken until all information needed to locate and identify the subject tree(s) and assess the basis for the request has been received.
2.If the City Forester determines that the request is based on considerations regarding tree health or tree safety, the application will be evaluated by the City Forester for a decision pursuant to subsection (B) of this section.
3.If the City Forester determines that the request is based on considerations other than tree health or tree safety, the application will be denied or referred to the Appeals Hearing Board for a decision.
4.If the tree removal is proposed to clear vacant property or to provide room for a new development, the application shall require submittal of a concurrent development plan to the Community Development Department.
5.If the tree removal application is submitted with concurrent development plans, it shall be referred to the Community Development Department, which may consult with the City Forester, for review in accordance with the City’s Zoning Ordinance, Chapter 38 of this code. In situations where a healthy tree(s) prevents reasonable development of permitted uses, the tree may be approved for removal. Existing development on similar sites in the same zone and having similar topographic and vegetation characteristics shall be considered when determining reasonable development of permitted uses.
B. Standards for City Forester’s Review.A tree removal permit may be approved, denied, or conditionally approved based on the criteria set forth in this section. Decisions of the City Forester shall include findings and indicate specific standards that were identified to support the decision.
1.The condition of the tree with respect to disease; hazardous conditions caused by the tree including but not limited to its proximity to existing structures or high pedestrian traffic areas such as parking lots, playgrounds and pedestrian walkways; its status as an undesirable non-native species; or its interference with utility services that cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices.
2.The condition of the tree as a host to a plant, or insect, or other parasitic organism which endangers other adjacent healthy trees.
3.The number of healthy trees the parcel is able to support as determined by the City Forester based on such considerations as tree species, growth characteristics, general health of the stand, tree age, solar orientation and soil condition.
4.The acceptance of mitigation measures including, but not limited to, those set forth in Section 37-11.
5.The value and importance of the tree on the site or in the community, based on such factors as its service as part of a windbreak system, its assistance in drainage or in the avoidance of soil erosion, its service as a component of a wildlife habitat, or its role in maintaining the existing urban forest. (Ord. 3611 § 2, 2020; Ord. 3429 § 2, 2009; Ord. 3424 §§ 1, 13, 2009)