A. Replacement Standards.
1. A tree replacement plan for private protected trees located on lots that include single-unit or duplex dwellings must provide for the replacement of one tree for each private protected tree removed.
2. Any other tree replacement plan must provide for the replacement of trees at a ratio of one inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio).
B. Replacement Options. A tree replacement plan must include one or more of the following options:
1. On-Site or Off-Site Replacement. A tree replacement plan that includes on-site or off-site replacement shall specify where the trees shall be planted and how the trees shall be monitored and maintained for a time period as determined by the director. The director may require security to ensure that the replacement trees survive for the minimum establishment period as provided in subsection E.
2. Payment of an In-Lieu Fee as Adopted by Resolution of the City Council. The applicant may pay an inlieu fee for the loss of the trees in an amount established by resolution of the city council. Such monies shall be deposited in the tree planting and replacement fund described in subsection F.
3. Credit for Existing Trees Smaller than a Private Protected Tree. An applicant may be entitled to replacement credit when the applicant preserves trees that are on the same lot from which the private protected trees were removed and that are smaller than the size requirements of private protected trees. To be entitled to the credit, the preserved trees must be viable long-term. The director shall determine whether a tree is viable long-term, by considering the location of the trees, the quality of the environment in which the trees are located, potential impacts to the trees from any proposed development, and other factors that the director deems relevant. If approved the applicant shall receive credit at a rate of one inch DSH per one inch DSH of tree preserved with a two-inch minimum credit.
C. Replacement Equivalents.
1. Unless funded through the tree planting and replacement fund, trees planted as replacement trees shall be the same species as those removed or a species that is acceptable to the director, with consideration given to species diversity.
2. The following equivalent sizes shall be used whenever new trees are planted (either on-site or off-site) pursuant to a tree replacement plan:
a. A tree in a fifteen (15) gallon container or smaller = one inch DSH.
b. A tree in a twenty-four (24) inch box = two-inch DSH.
c. A tree in a thirty-six (36) box or larger = three-inch DSH.
D. Waiver Replacement Requirement. The director may waive the tree replacement requirements in this section, provided the private protected trees are removed pursuant to a tree permit issued for the reasons provided in Section 12.56.050(B)(1)(b) or (B)(1)(c).
E. Security.
1. Security may be required for any tree replacement plan that does not include payment of an in-lieu fee. The security shall guarantee the tree permittee's compliance with conditions of approval and city provisions regarding tree protection and preservation. Security may also be required at the discretion of the director to insure the completion of any additional work specified as a condition of permit approval or other approvals.
2. The security shall be in the amount of the estimated cost of the required work. The applicant shall include the cost estimate as part of the tree replacement plan. The terms and conditions of the security shall be reviewed and approved by the director prior to approval of the tree replacement plan.
3. Security posted on actual work required shall be maintained for the time period determined by the director.
F. Tree Planting and Replacement Fund. A tree planting and replacement fund is established for the purposes of furthering tree planting and tree replacement. The in-lieu fees and any civil penalties collected pursuant to Section 12.56.090(C) shall be deposited into a tree planting and replacement fund. Except as provided in this section, the tree planting and replacement fund shall not be used for any purpose other than for tree planting (including, but not limited to, establishing new planting locations and support systems such as installation of irrigation and drainage) and preservation programs (including the creation of new woodland areas, under-plantings as part of a tree planting program, and other planting activities that support the purposes of this chapter). The city council may direct that the tree planting and replacement fund be used for the implementation of programs consistent with the purposes of the tree planting and replacement fund. (Ord. 2016-0026 § 4)