§ 106.39.070. Tree Permit Approval or Denial

Each Tree Permit application shall be reviewed, and approved or denied in compliance with this Section.

A.

Review authority. A Tree Permit shall be reviewed, and approved or denied by the Director, except that the Commission shall decide upon a Tree Permit application where tree removal is part of a project that otherwise requires approval by the Commission.

B.

Application evaluation criteria. The following criteria shall be used to support the findings required by Subsection C. for the approval of a Tree Permit.

1.

General criteria.

a.

The gross floor area of proposed buildings in relation to the "usable" size of the site and the amount of usable space on the site that does not require the removal of protected trees;

b.

Design features in comparison with other existing or approved projects in the vicinity and in the same zone that have or had protected trees on their sites;

c.

Factors that are unique to the site, such as topographic constraints, lot configuration and other physical limitations;

d.

The overall health and structural condition of the potentially impacted protected trees;

e.

The approximate age of the each protected tree compared with the average life span for each species;

f.

The number of healthy protected trees that the site will support, with and without the proposed development;

g.

The effect of tree removal on soil stability/erosion, particularly near watercourses or on steep slopes;

h.

Whether there are any alternatives that would allow for the preservation of the protected tree; and

i.

Any other information the review authority finds pertinent to the decision, including any information obtained at a public hearing.

2.

Criteria for removal.

a.

The age of the protected tree with regard to whether its removal would encourage healthier, more vigorous growth of younger similar trees in the area;

b.

The number of existing protected trees in the area and the effect of removal upon public health, safety and the general welfare of the area;

c.

The potential for the protected tree to be a public nuisance or interfere with utility service, as well as its proximity to existing structures; and

d.

Present and future shade potential with regard to solar heating and cooling.

3.

Criteria for encroachment. Whether the degree of encroachment is likely to result in the subsequent decline of the affected protected tree or create a future risk to public safety or pose a hazard to adjacent structures.

C.

Required findings for approval. The approval of a Tree Permit shall require that the review authority first make all the following findings:

1.

The approval of the Tree Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Permit is consistent with the provisions of this Chapter; and

2.

Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed.

D.

Considerations for denial of a Tree Permit. A Tree Permit shall be denied if the review authority finds that any one of the following situations exists.

1.

Removal or damage of a healthy tree could be avoided by:

a.

Reasonable redesign of the site plan prior to construction; or

b.

Pruning, thinning, tree surgery, or other reasonable treatment, as determined by the Director.

2.

Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have not been made where these problems are anticipated as a result of the removal.

3.

The tree to be removed contains an active nest of a bird covered by the Migratory Bird Treaty Act, that has been identified through the project environmental review process or that is otherwise known to the review authority, and a qualified professional has determined that the relocation of the nest without damage to the nestlings is not possible. In this case, tree removal shall be delayed until nesting is complete.

E.

Limitation on approved activities. A Tree Permit shall not be issued for temporary parking, or the storage of vehicles, trailers, equipment, construction materials, or temporary structures within the protected zone of a protected tree.

F.

Conditions of approval. The approval of a Tree Permit shall include conditions of approval as necessary to ensure compliance with Section 106.39.060 (Tree Planting and Replacement).