A. The Director of Public Works shall make the determination on the replacement of existing street trees as defined in this section.
B. City Responsibility - Street Tree Replacement. The Department of Public Works will assess the overall condition of each street tree as part of the street tree trimming cycle. Should one of the following conditions be observed as part of this assessment, the city will remove and replace the street tree at no cost to the adjacent property owner:
1. Dead, diseased, or severely declining tree.
2. Poorly structured tree (potentially hazardous).
3. Seedling or volunteer growth (palms, pepper, etc.).
4. American's with Disability Act access, utility, or sign obstruction.
5. A tree severely damaging adjacent hardscape or underground/ overhead utilities.
Property owners are also responsible to report to the city any observed decline of the health of a street tree and/or other observations consistent with the criteria listed above regarding street trees adjacent to their properties. Upon receiving these reports the city will take the necessary actions including possible replacement of the street tree at no cost to the property owner.
C. Street Tree Replacement - Property Owner Request. A property owner may request replacement of a street tree adjacent to the property for reasons other than defined in Subsection B above. The entire cost to perform this replacement work, including incidental cost, if ultimately approved, shall be the responsibility of the property owner. The following process shall be followed when making this request:
1. The property owner shall complete a street tree request application describing the reason(s) for the proposed street tree replacement and choice of tree species out of the proposed street tree species list in the city's most current Street Tree Master Plan.
2. The Public Works Department Staff will assess the overall condition of the existing street tree proposed for replacement, extent of the need for the replacement, and estimating the cost for same. If approved, the assessment shall include a written recommendation based on the tree planting guidelines per this chapter with a written estimated cost for the replacement work. Assessments will be completed on a first-come, first-served basis and, depending on resources, within 30 days.
3. If mutually agreed to by the applicant and the Public Works Director, the street tree replacement planting shall be performed within 30 days.
4. Prior to the commencement of the work, the applicant must deposit funds with the city to cover the cost of the street tree trimming work including all incidental costs in compliance with Section 12.05.060 of this chapter.
D. Street Tree Removal (No Street Tree Replacement) - Property Owner Request. The city discourages the removal of a street tree unless a corresponding replacement tree is planted in approximately the same location consistent with the planting guidelines detailed in Section 12.05.040, Subsection C of this chapter. However, the city also recognizes there may be unique circumstances that warrant removal of a street tree without a corresponding planting of a replacement street tree. An example of such a circumstance may include street trees planted at a greater density that is specified in planting guidelines. The following process shall be utilized when making this request:
1. The property owner shall complete a street tree request application describing the reason for the proposed street tree removal. A street tree request application may be obtained at the Department of Public Works/Engineering or on-line at the City's website. The property owner shall include the following information in the Application: (1) a sketch of the property owner's adjacent parkway showing location of all existing street trees adjacent to a property along with pertinent information as detailed in Section 12.05.040, Subsection C of this chapter.
2. The Public Works Department Staff will then assess the need for the street tree removal, estimating the cost of such street tree removal. If approved, the assessment shall include a written recommendation based on the tree planting guidelines per this chapter with a written estimated cost for the removal work. Assessments will be completed on a first-come, first-served basis and, depending on resources, within 30 days.
3. If mutually agreed to by the applicant and the Public Works Director, the street tree removal shall be performed within 30 days. Prior to the commencement of the work, in compliance with Section 12.05.060 of this chapter, the applicant must deposit funds with the city to cover the cost of the street tree removal work including all incidental costs, including but not limited to, the cost of replanting of the parkway area with appropriate ground cover.
E. Any person dissatisfied with the decision of the Public Works Director under this section may appeal such decision to the City Council in compliance with Section 12.05.070 of this chapter. (Ord. 2011-11-1441 § 1(part), 2011)