A. Protected
prior to
.
1. A permit shall be required for the removal or
for
six inches or greater in diameter or Oregon White Oaks three inches or greater in diameter, measured four and one-half feet above
, or other Protected
as defined in this Code. A permit may cover a
management plan which specified cutting, pruning and thinning on a six-month to two-year basis.
B.
removal criteria. The permit for removal of (s) on shall be granted if any of the following criteria have been met:
1. The
is dead or diseased. Criterion 1 shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the
. Criterion 1 is to determine if
or removal is appropriate, and shall not be used to require treatment of the
;
2. Removal of the
is necessary to accomplish a public purpose, such as the installation of public utilities or provision of public
by a public agency. The
shall show evidence of alternative designs; and
3. Removal of the
is for thinning purposes following accepted arboricultural practices.
C. Review standards during
review.
1. Prior to the removal of any protected
a
permit is required. If there is a land
or other permit which may result in modification of the
the
permit shall be reviewed concurrent with that other permit and follow the same process.
2. Permit requirements. In conjunction with the
permit requested, the
shall include the location, size and species of all
subject to this Code.
or
that are to be protected do not have to be individually delineated; however, the approximate number of
in each
shall be indicated.
3. Protection plan. For all
proposed to be preserved, the
shall submit a protection plan consistent with the provisions of § 17.5.120. Protected
shall be identified on landscape plans.
4. Review criteria. Protected
, as defined in § 17.5.100 shall be preserved unless the
proves to the satisfaction of the reviewing body that removal is necessary as a result of:
a. Need to remove
that pose a safety hazard to pedestrians, property or vehicular traffic or threaten to cause disruption of public service; or which pose a safety hazard to
or
;
b. Need to remove diseased
or
weakened by age, storm, fire or other injury;
c. Need to observe good arboricultural practices;
d. Need for
to the
or immediately around the proposed
for construction equipment;
e. Need for essential
changes to implement safety standards common to standard engineering or architectural practices;
f. Surface water drainage and utility installations;
g. Locations of
,
or other permanent improvements so as to avoid unreasonable economic hardship;
h. Compliance with other ordinances or codes; and
i. Need to install solar energy equipment. For criteria d-g above, the
shall provide evidence of exploring alternate designs that would increase
protection. Removal of
shall also comply with the criteria in § 17.5.145.
5.
adjustment.
a. The
may authorize adjustments from the
requirements of this Code where it can be shown that, owing to special and unusual circumstance related to a specific property, a proposed
would result in the removal of
designated in the Register. An adjustment to the
,
and/or
by up to 50% may be authorized if necessary to retain designated
.
b. The
may grant only the minimum adjustment necessary to retain the designated
. In granting the adjustment, the
may attach conditions necessary to protect the interests of the surrounding property or neighborhood.
The adjustment to
to protect
shall be consolidated with the land
and reviewed under the procedures specified for Adjustments in § 17.2.100.
(Ord. 2009-01, passed 3-9-2009)