(A) All tree work, performed on trees subject to these provisions, shall follow the standards as set forth in this chapter and in the Town of Pendleton Comprehensive Tree Care Manual.
(B) Except for the town and its agents, no person shall, unless otherwise noted herein, take the following actions without having first secured a tree work permit:
(1) Plant, cut, remove, or treat with pesticide any tree subject to these provisions, except as otherwise noted herein; or
(2) Excavate any ditches, tunnels, or trenches, lay any drive, install underground utilities, or store any substance within a ten-foot radius of any tree subject to these provisions. When excavating, constructing or performing street work within a ten-foot radius of any tree subject to these provisions, the tree shall be guarded with a fence, frame, or box, not less than four feet high and eight feet by eight feet square and all building material, dirt, or other debris shall be kept outside the barrier. Where heavy equipment will pass repeatedly over the tree's critical root zone, a temporary layer of at least three inches depth of shredded bark or wood chips shall be placed and maintained on the ground.
(C) No permit shall be required in the following situations:
(1) The trimming, by a property owner, of limbs less than three inches in diameter of any tree subject to these provisions in the tree plot adjoining the owner's property, which does not exceed 30% of the tree's canopy;
(2) During emergency situations, the town or public utilities may trim or remove any trees which endanger the public, inhibit the passage on Town streets, or interfere with utilities and public infrastructure. Topping and the severe cutting back of limbs may be allowed under emergency conditions. The town may act without prior notification to the property owner;
(3) Any tree work performed by a town department or its agents; or
(4) During road, curb, or sidewalk construction or utility installation or repair it may be necessary for the town to remove a non-hazard tree or trees. Trees in such situations shall be evaluated by the Town Manager as to preservation potential.
(D) Tree work permits are available without a charge from the Planning Department. All permit applications shall be reviewed by the Planning Department. The granting or denial of these permits shall be made in accordance with the policies and principles of urban forest management set forth in this chapter or as otherwise adopted by the Committee.
(E) Any tree work related to matters pending before the Board of Zoning Appeals, the Plan Commission, or the Town Council shall be accompanied by a completed tree work permit. If the Board of Zoning Appeals, the Plan Commission, or Town Council approves matters which will impact trees subject to these provisions, the tree work permit is deemed automatically granted and shall be forwarded to the Department. Decisions by the Board of Zoning Appeals, the Plan Commission, or the Town Council that impact trees subject to these provisions shall be made in accord with the policies and principles of urban forest management set forth in this chapter or as otherwise adopted by the Urban Forestry Committee.
(Ord. 2018-01, passed 2-8-18; Am. Ord. 22-20, passed 5-12-22)