16.66.110   Protection plan required prior to issuance of permit.
   A.   A plan to protect trees as described in Section 16.66.100 of this chapter shall be submitted to the director prior to the issuance of demolition permits, grading permits, building permits, use permits, planned development permits, or parcel or tentative subdivision maps. The plan shall ensure that the tree(s), including the root system, will be adequately protected from potential harm during demolition, grading, and construction that could cause damage to the tree(s). Such harm may include excavation and trenching, construction and chemical materials storage, storm water runoff and erosion, and soil compaction. The plan shall be submitted by the applicant and approved by the director. The director may refer the plan to a city-selected arborist for review and recommendation. The cost of this review shall be borne by the applicant requesting a permit.
   B.   The director may require that an arborist be present on the project site during grading or other construction activity that may impact the health of the tree(s) to be preserved. The director may also require that an arborist review and inspect projects and certify that the tree protection plan has been properly implemented. The cost of the review, inspection and certification shall all be borne by the permittee.
   C.   Minimal or major damage to any tree(s) during construction shall be immediately reported to the director so that proper treatment may be administered. The director may consult with a city-selected arborist to determine the appropriate method of repair for any damage. The cost of any treatment or repair shall be borne by the permittee. Failure to notify the director of damage to tree(s) may result in the issuance of a stop work order.
   D.   The permittee shall remain responsible for the health and survival of all trees under the tree protection plan within the development for a period of three years following acceptance of the public improvements of the development.
   E.   The director may waive the requirement for a tree protection plan if the director determines that the demolition, grading, or construction activity is minor in nature and that the proposed activity will not significantly modify the ground area within or immediately surrounding the drip line of the tree(s).
(Ord. 2286, Ord. 2402)