A. It shall be unlawful for any person to destroy or otherwise direct or permit the destruction of any protected tree located on a parcel that contains any commercial use (excluding home occupations), a commercially zoned parcels, or a parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet without a permit issued by the city pursuant to the provisions of this section.
B. Replacement trees. All protected trees removed shall be replaced pursuant to the following:
1. Replacement trees shall be located on the same parcel or within the project site as the removed protected tree(s).
2. Replacement trees shall consist exclusively of protected trees as defined in this chapter, unless similarly appropriate native species is recommended by a Certified Arborist.
3. All replacement trees shall be in good health and shall be visually inspected for damage, such as canker, other pests/pathogens, and girdling or circling of roots.
4. The replacement trees shall be a minimum twenty-four (24) inch box size at time of planting.
5. The number of replacement trees shall be as identified in Table 20.74.050.A (Replacement Tree Ratio):
REPLACEMENT TREE RATIO | |
DBH of Protected Tree to be Removed | Required Replacement Tree Ration per Each Protected Tree Removed |
6. Replacement tree monitoring period. The property owner shall replace replacement tree(s) and relocated protected trees if such tree(s) are destroyed within the monitoring period, subject to the required number of replacement trees specified in Table 20.74.050.A. For purposes of this subsection, all replacement trees are considered as a protected tree regardless of size. After the completion of the monitoring period, replacement trees that meets the definition of a protected tree pursuant to this chapter shall be considered as a protected tree.
7. Property owner shall submit a Tree Installation Certification prepared by a Certified Arborist or a licensed landscape architect certifying that the replacement trees and/or relocated protected trees were installed properly in accordance with the approved plan.
8. If a Certified Arborist determines that the site where the replacement trees are required to be planted cannot accommodate the required number of replacement trees because the site characteristics would inhibit healthy growth of such replacement trees (e.g. overcrowding of new trees; interference with structures and/or roots and canopy of existing trees, etc.), the applicant may pay a fee, in lieu of providing the required number of replacement trees.
a. Such in-lieu fee shall be calculated by a Certified Arborist, based on an appraisal utilizing the most recent edition of the Guide for Plan Appraisal published by the ISA, the number of replacement trees required, and a report by a Certified Arborist or a licensed landscape architect specifying the number of required Replacement Trees that cannot be planted.
b. A request for in-lieu fee payment shall be submitted as part of the required tree permit, as specified in § 20.74.060.
c. If approved, the in-lieu fee shall be paid within five (5) business days from the issuance of the tree permit.
d. In-lieu fees collected pursuant to this chapter shall be placed in the City's Park Development Fund.
(Ord. 1241, passed 8-15-23)