The preservation, protection, and removal of trees shall meet the following requirements:
A. Tree Removal: Prior to the development, a tree removal plan must be submitted to and approved by the city. Removal of trees less than six inches (6") dbh are not regulated as long as the method of cut and removal does not create soil disturbance. (The acts of walking and falling trees are not to be construed to create soil disturbance.) Trees can be removed if they meet one or more of the following conditions:
1. Trees within a construction zone:
a. The tree is located within the building envelope.
b. The tree is located within a proposed street right of way, driveway, or parking area.
c. The tree is located within water, sewer, or other public utility easement.
d. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional.
Trees removed for any of the above conditions are not required to be replaced.
Exhibit 17.08.930A
2. Trees located within other areas to be disturbed: Trees can be removed within other areas except areas to remain in a natural state. Trees removed within these areas must be replaced on a one for one basis with trees that will have approximately the same size and crown at maturity. The replacement trees must meet the requirements of this article and be located on the same property.
3. Trees located within areas to remain in a natural state: Trees may be removed from these areas with the approval of the city if they meet any of the following conditions:
a. Removal is required in order to achieve the wildfire mitigation goals established by the city. Trees removed for this reason need not be replaced.
b. The tree is dead or dying. Trees removed meeting this criteria must be replaced on a one for one basis with trees that will have approximately the same size and crown at maturity. The replacement trees must meet the requirements of this article and be located on the same property.
B. Inventory Of Existing Trees: Prior to any soil disturbing activities on the building lot, including tree removal, an inventory shall be completed locating all trees greater than six inches (6") dbh within the area(s) to be developed. A plan shall be prepared at the same scale as the site plan. Trees shall be identified by dbh, species, and approximate extent of tree canopy. All tree locations shall have an accuracy of plus or minus two feet (±2'). The name, signature, and address of the person responsible for the survey shall be provided on the plan.
C. Protection Of Natural Areas And Trees: The developer shall adhere to the following protection standards for all trees not to be removed and for all areas to remain in a natural state:
1. All areas to remain in a natural state and all trees designated for preservation shall be clearly marked on the project site plan. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving, or change in ground elevation, the applicant shall install temporary delineation to clearly identify areas to be retained in a natural state. Trees to be preserved that are located adjacent to or in the area to be disturbed shall be clearly identified and protected by placing temporary fencing or similar approved method outside the drip line of each tree. The fences may be inspected and their location approved by the city.
2. Construction site activities, including, but not limited to, parking, material storage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas.
3. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for preservation unless indicated on the approved grading plans. If grading or construction is approved within the drip line, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots.
4. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Runoff should be directed away from trees designated for preservation.
D. Tree Replacement: Trees designated or approved for removal in accordance with subsections A2 and A3b of this section shall be replaced in accordance with the following standard:
1. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details, including species.
2. Replacement tree locations shall adhere to the wildfire mitigation goals for the project. The city's urban forester shall have the discretion to adjust the proposed replacement tree species or location based upon site specific conditions.
3. Replacement trees shall be a minimum of one inch (1") caliper for deciduous trees and a minimum height of four feet (4') for evergreen trees.
4. Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five (5) years after initial planting must be replaced in kind, after which a new five (5) year replacement period shall begin. Replanting must occur within thirty (30) days of notification unless otherwise noted.
E. Enforcement:
1. All tree removal shall be done in accordance with the provisions of this article. No trees designated for preservation shall be removed without prior approval of the city.
2. Should the developer or developer's agent remove, destroy, or damage any tree that has been designated for preservation, the city shall require the developer to replace the tree in accordance with this article and may fine the developer an amount established by the city. For trees that are removed or destroyed, the minimum amount of the fine shall be equal to the appraised value of the tree. The appraised value of a tree will be determined by a qualified appraiser using the standards specified by the International Society of Arboriculture as set forth in the most recent edition of their official publication "Guide For Plant Appraisal", developed by the Council of Tree and Landscape Appraisers. (Ord. 3091 §8, 2003)