A landmark/oak tree may be removed under the following conditions without a conservation permit:
(A) (1) When removal is necessary to observe good forestry practice, such as optimizing the number of healthy trees a given parcel of land will support, or when such removal is in accordance with a city-approved landscape management plan.
(2) No replacement is required under these circumstances.
(B) When the tree, due to natural circumstances, is dead or irreversibly declining, is in danger of falling, is too close to existing structures so as to endanger such structures, interferes with utility services, creates unsafe vision clearance, or constitutes a health hazard.
(1) Such trees may be removed only after the Community Development Director, at his or her sole and absolute discretion, has verified that such a condition exists.
(2) In instances where no additional services or inspections are required by the Community Development Department, the fee for a tree removal permit will be waived and no tree survey will be required.
(3) No replacement is required under these circumstances.
(C) Neither this nor any other regulation of this chapter shall be deemed to prohibit any owner of improved residential property in the city from creating a single, regularly shaped rear yard lawn area.
(D) When the Community Development Director concludes that benefits provided by trees will be increased by replacing a tree that is of poor quality or not suited to its location.
(1) Such trees must be replaced on the subject property, on an inch-per-inch basis.
(2) Prior to issuance of the tree removal permit, the property owner will be required to pay a permit fee and submit the appropriate cash bond to insure tree replacement.
(E) The Community Development Director may require a tree survey prior to removal for division (A), (C) or (D) above.
(Ord. 2006-009, passed 5-8-06)