ORD 2288 - Laserfiche WebLink

Ordinance No. 2288 Page 5 of 12 performance or function by developing and preserving tree structure and health or preserving or improving wildlife habitat. N. "Topping" means the indiscriminate cutting of tree branches to stubs or lateral branches that are not large enough to assume the terminal role. O. "Trunk" means the primary structural woody part of the tree beginning at and including the trunk flare and extending up into the crown from which scaffold branches grow. 17.16.010 Permit—Required. A. No person shall remove, or Effectively Remove, any Protected Tree growing within the city without a permit except as provided in this chapter. B. Normal maintenance and pruning of a Protected Tree shall not require a permit but shall in all cases be in conformance with the guidelines in Section 17.16.080. Pruning which, in the reasonable opinion of the Director, is not consistent with these guidelines shall be subject to penalties as provided in Section 17.16.110 of this chapter. 17.16.020 Permit—Procedure. A. Except as provided in Section 17.16.050 of this chapter, any person desiring to remove a Protected Tree in the city shall submit an application to the Director on a form provided by the city. Said application shall contain the number, species, size and location of Protected Trees to be removed and a brief statement of the reason for removal as well as any other pertinent information. The permit, if granted, shall entitle the Applicant to remove only the Protected Tree(s) designated by permit. B. When an Applicant submits an Application, the Applicant agrees to allow the Director to access the property to inspect the Protected Tree(s) and the surrounding area to make a determination on whether a permit to remove the tree shall be granted. C. The Director may grant a permit to remove a Protected Tree if any of the following apply: 1. The tree is dead, dying, or diseased and good forestry practices cannot be reasonably undertaken to preserve it; 2. The tree is in such a dangerous or hazardous condition as to threaten or endanger the safety of people, structures, property, or other protected trees; 3. The tree has outgrown its planting space and is causing damage to utilities (e.g., water and sewer lines), structures or other significant improvements on the property (e.g., the foundation of a home, driveway, swimming pool, etc.), and no reasonable mitigation efforts can be taken to repair the damage and preserve the tree; 4. The tree must be removed in order to construct improvements to allow for the economic enjoyment of the property (e.g., expansion of the existing home, construction of an Accessory