(A) The intended decision of the Community Development Director is to conserve landmark/oak trees.
(1) Where protection of landmark/oak trees is not possible, the Director shall attempt to avoid the destruction of trees using best forestry practices.
(2) The Director’s decision shall be based upon reasonable standards, including but not limited to, the following:
(a) The condition of the landmark/oak tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for plant, pest or disease endangering other species of trees or plants with infection or infestations.
(b) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property.
(c) The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.
(d) The number, species, size and location of existing trees in the area, and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.
(e) Best forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
(B) (1) Any tree that is removed shall be replaced with trees that are a species deemed acceptable to the Community Development Director.
(2) If a deciduous tree is to be removed, then at least 75% of the DBH inches to be replaced must be with deciduous trees.
(C) Unless otherwise stated in these rules, the removal of any six-inch tree or six-inch grouping of landmark/oak trees must be replaced on a caliper-inch-per-caliper-inch basis.
(1) Any six-inch DBH tree that is not a landmark/oak tree must be replaced with oak trees, the total DBH of which is equal to 40% of the total DBH inches removed.
(2) No replacement tree may be less than 2-1/2 inches DBH.
(D) In the intended decision on an application for a permit, the Community Development Director may attach reasonable conditions to insure compliance with the stated purposes of this chapter.
(1) The issuance of a tree removal permit may be conditioned upon mitigation.
(2) Mitigation may consist of the planting of replacement trees at the sole expense of the applicant and/or the payment by the applicant into the Landmark/Oak Maintenance Fund.
(3) Any such intended decision shall include a statement for the reasons for the decision.
(Ord. 2006-009, passed 5-8-06)