(A) Immediate tree removal.
(1) Removal of any tree located on public property or along public streets is prohibited without first being approved by the Park, Recreation and Tree Board, unless immediate removal or cutting is necessary for the immediate protection of the public or private property under the following circumstances. The following constitute grounds for issuance of a tree removal permit:
(a) Dying, becoming severely diseased, infested, or diseased so as to threaten the health of other trees;
(b) Obstructing public rights-of-way, clear view of traffic signs by the motoring public, or intersection sight distance so as to cause a safety hazard;
(c) Interfering with or damaging public or private utilities;
(d) Being defined as a nuisance as per city nuisance abatement codes; or
(e) Otherwise becoming a hazard to life or property in the city.
(2) If there is sufficient credible evidence that any of these circumstances exist, the City Manager may administratively authorize the immediate removal of the trees or woodlands and report same to the Board and City Council.
(B) Application to remove and replace a tree. Application for authorization to remove and replace trees or woodlands shall state the reasons and circumstances necessitating the removal or cutting. An application that meets the criteria for removal and replacement shall be based on the Banks Street Tree Inventory and include a replacement tree from the current City of Banks Street Tree List in the Banks Design Standards. The Park, Recreation and Tree Board shall review and rule upon the request to remove and replace a tree in a duly convened public meeting, and shall determine if sufficient justification exist for the tree’s removal. The Board may approve, approve with conditions or deny the tree removal request. If the tree removal request is approved, the Board’s decision shall be in writing and include a brief statement of the reasons for the decision, including any limitations or conditions attached thereto, such as replacement and replanting requirements. The written decision shall be issued to the permit applicant, and maintained in city records as per other notices of decisions required by the Banks Municipal Code. If approved, the permit applicant shall be responsible for all costs of tree removal and replacement, including installation and review by the City Arborist, and ongoing maintenance.
(C) Standards for approving a tree removal permit. A non-emergency request to remove a tree that is subject to the standards of this chapter shall be granted by the Park, Recreation and Tree Board determines there is sufficiently credible evidence of any of the following circumstances:
(1) The tree is diseased, damaged or dying to such an extent that a professional arborist concludes it must be removed;
(2) The tree poses a significant risk of harm to people or property; or
(3) The tree is causing significant property damage in the form of cracked or heaved building foundations, roofs, sidewalks, curbs underground utilities, or other permanent structures.
(D) Right of appeal. The applicant or any person adversely affected or aggrieved by a Board decision on a tree removal permit may appeal the Board’s decision to the City Council by filing an appeal in writing with the City Recorder within 14 days after the Board issues its written decision. The City Council shall conduct a public evidentiary hearing on the question, based on evidence in the record. The Council may allow additional evidence upon good cause shown and shall decide de novo whether to approve, approve with conditions or deny the tree removal request. The Council’s decision shall be in writing, with a brief statement justifying the decision, and shall be the city’s final decision.
(Ord. passed 1-16-1997; Am. Ord. 2011-10-01, passed 10-11-2011; Am. Ord. 2016-01-02, passed 2-9-2016)