§ 12.36.050. Criteria for tree removal permit review.

A.

In order to grant a tree removal permit, the city must determine that removal is necessary in order to accomplish any one of the following objectives:

1.

To insure the public health and safety as it relates to the health of the tree, potential hazard to life or property, proximity to existing or proposed structures, or interference with utilities or sewers;

2.

To avoid an unconstitutional regulatory taking of property;

3.

To take reasonable advantage of views, including such measures as are mandated by the resolution of a view claim in accordance with the view preservation ordinance (Chapter 15.52 of this code);

4.

To pursue accepted, professional practices of forestry or landscape design. Submission of a landscape plan acceptable to the Director of Parks and Recreation shall constitute compliance with this criterion;

5.

To implement the vegetation management prescriptions in the S-11 site development review zone.

B.

A finding of any one of the following situations is grounds for permit denial, regardless of the findings in subsection A of this section:

1.

Removal of a healthy tree of a protected species could be avoided by:

a.

Reasonable redesign of the site plan, prior to construction;

b.

Trimming, thinning, tree surgery or other reasonable treatment.

2.

Adequate provisions for drainage, erosion control, land stability or windscreen have not been made in situations where such problems are anticipated as a result of the removal.

3.

The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival.

4.

The value of the tree is greater than the cost of its preservation to the property owner. The value of the tree shall be measured by the Tree Reviewer using the criteria established by the International Society of Arboriculture, and the cost of preservation shall include any additional design and construction expenses required thereby. This criterion shall apply only to development-related permit applications.

C.

In each instance, whether granting or denying a tree removal permit, findings supporting the determination made pursuant to subsection A or B of this section, whichever is applicable, shall be set forth in writing.

(Prior code § 7-6.05)