Chapter 8.36
HERITAGE TREES
Sections:
8.36.040 Requirements for permit.
8.36.060 Historic landmark trees.
8.36.100 Tree replacement policy.
8.36.110 Protection of existing trees.
8.36.010 Purpose.
This chapter shall apply to all heritage trees on all private property within the city of Highland, except as set forth in this chapter. (Ord. 103 § 1, 1990)
8.36.020 Definitions.
As used in this chapter:
“Associated with a proposal for development” means any land area for which an application for a specific plan, variance, parcel map, subdivision, development/design review or a time extension thereof, site approval (conditional use permit) or building permit has been filed with and is pending consideration by the city or has been approved but the related project and applicable phase thereof has not been completed.
“Drip line” means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.
“Grove” means a planting of fruit or nut trees, or other manmade planting of trees without underbrush.
“Heritage tree” means any live tree, shrub or plant which meets at least one of the following criteria:
A. All woody plants in excess of 15 feet in height and having a single trunk circumference of 24 inches or more, as measured four and one-half feet above ground level; or
B. Multitrunk tree(s) having a total circumference of 30 inches or more, measured four and one-half feet from ground level; or
C. A stand of trees, the nature of which makes each dependent upon the others for survival; or
D. Any other tree as may be deemed historically or culturally significant by the community development director or designee because of size, condition, location, or aesthetic qualities.
“Historic landmark” means, for the purposes of this chapter, any tree designated as an historic landmark by city council action.
“Remove” includes any act which will cause a heritage tree to die, as determined by a tree expert, including, but not limited to, acts which inflict damage upon root systems, bark or other parts of tree by fire, application of toxic substances, operation of equipment or machinery; improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes or other piercing objects.
“Reviewing authority” means the design review committee, planning commission or city council which has the final authority to review projects associated with a proposal for development. (Ord. 103 § 2, 1990)
8.36.030 Exceptions.
The following shall be exempt from the provisions of this chapter:
A. Trees which are fruit or nut bearing shall be exempt except as follows:
1. Where planted in groves, these trees may be removed only pursuant to a tree removal permit issued not earlier than the issuance of grading permits;
2. A tree removal permit shall not be issued for removal of fruit or nut bearing trees in groves until a soil erosion control plan has been submitted to and approved by the city engineer. This plan shall provide for soil and water erosion control during the period between tree removal and construction and for clearing as per the provisions of HMC 8.36.090. Suitable bonds as determined by the city engineer to ensure compliance with the soil erosion control plan shall be posted with the city prior to the issuance of a tree removal permit for fruit or nut bearing trees planted in groves;
3. Every effort shall be made to retain and maintain existing fruit or nut bearing trees planted in groves until the absolute necessity for their removal arises. Applicants shall be encouraged to retain as many of these trees as feasible and/or incorporate them into the design of any associated development proposal.
B. Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farms.
C. Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the city engineer, or his designee.
D. Trees which, in the opinion of the city engineer, or designee, will cause damage to existing public improvements.
E. Trees which require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility as determined by the city engineer or designee.
F. Removal of trees as part of a fire hazard reduction program approved by the fire department.
G. Removal of trees on lots that have a new area of 20,000 square feet or less, which are developed with a primary structure, other than a sign structure.
H. Emergency Waiver.
1. In the case of trees determined by the community development director, or designee, to be in a dangerous condition requiring emergency action to protect the public health, safety and welfare, the permit requirement may be waived.
2. Tree(s) or portion of a tree which creates an immediate threat to the public health, safety and welfare and requires emergency removal to prevent damage to a structure or injury to people or fenced animals. The community development director or his designee shall be notified within five calendar days of the emergency tree removal. (Ord. 103 § 3, 1990)
8.36.040 Requirements for permit.
A. No person, firm, or corporation shall remove, relocate or destroy any heritage tree within the city limits, including an applicant for a building permit, without first obtaining a tree removal permit from the community development director or designee or reviewing authority.
B. No tree removal permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the city.
C. No tree designated as an historic landmark shall be altered, removed, relocated or destroyed by any person, firm or corporation without first obtaining a landmark alteration permit and tree removal permit. (Ord. 103 § 4, 1990)
8.36.050 Permit applications.
A. An application for a tree removal permit shall be filed, together with any required fee as set by resolution of the city council, with the community development director on forms provided for the purpose. The application shall be submitted with a report which shall contain the following information:
1. A statement as to reasons for removal or relocation;
2. The number, species, and size (circumference as measured four and one-half feet from ground level) and height of tree;
3. The location of all trees on site on a plot plan in relation to existing and proposed structures and improvements (e.g., streets, sidewalks, fences, slopes, retaining walls, etc.). If the application is associated with a proposal for development, the location of all existing and new trees on site shall be plotted on a grading plan;
4. If a tree is proposed to be relocated, the relocation site shall be identified and site preparation and relocation methods described;
5. Proposed method of removal and method of disposal;
6. The health of any tree declared diseased, infested, or dying shall be verified by a written report of a qualified tree expert;
7. At the applicant’s expense, a report by a qualified tree expert may be required to be submitted to the community development director analyzing items referred to in subsection (A)(1) through (6) of this section.
B. Private Property. Where an application for a tree removal permit is filed on private property and is not associated with a proposal for development, the following procedure is established:
1. Upon receipt of the application, the community development director or designee may investigate the site and shall evaluate the application and report from a tree expert if required on the basis of the following criteria:
a. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services;
b. The necessity to remove tree(s) in order to construct improvements which allow economic enjoyment of the property;
c. The number of trees existing in the neighborhood; and the effect the removal would have on the established character of the area and the property values;
d. Whether or not such trees are required to be conserved by any specific plan, community plan, condition of approval, or designated as an historic landmark;
e. Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;
f. Whether or not the tree could be conserved by pruning and proper maintenance or relocation rather than removal;
g. Whether or not such tree(s) constitute a significant natural resource of the city;
2. Subsequent to investigation, the community development director or his designee may approve the permit for the removal of all or some of the trees included in the application, and may attach conditions of compliance as deemed necessary, including but not limited to the replacement of the removed tree(s) with reasonably equivalent replacement trees. The community development director, or designee, may refer any request to the planning commission where it is determined the application involves unusual site development requirements or unique characteristics, or raises questions of policy substantially more significant than generally pertain and which require planning commission consideration;
3. The permit shall be valid for a period of 90 calendar days, by which time the tree removal shall commence unless an extension is requested 14 days prior to the expiration of the permit.
C. Associated with a Proposal for Development. Where an application for a tree removal permit is associated with a proposal for development, the following procedure is established.
1. Upon receipt of the application, the community development director or designee may investigate the site and shall evaluate the application and a report from a tree expert, if required, on the basis of the following criteria:
a. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services;
b. The necessity to remove tree(s) in order to construct improvements which allow economic enjoyment of the property;
c. The number of trees existing in the neighborhood; and the effect the removal would have on the established character of the area and the property values;
d. Whether or not such trees are required to be conserved by any specific plan, community plan, condition of approval, or designated as an historic landmark;
e. Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;
f. Whether or not the tree could be conserved by pruning and proper maintenance or relocation rather than removal;
g. Whether or not such tree(s) constitute a significant natural resource of the city;
2. The community development director shall give priority to the inspection of those requests based upon hazardous conditions;
3. The community development director, or designee, may refer any request to the planning commission for a determination where an application involves unusual site development requirements or unique characteristics, or raises questions of policy substantially more significant than generally pertain and which require planning commission consideration;
4. Where an application for a tree removal permit is associated with a development proposal which required an approval by design review committee, planning commission or city council, the community development director or designee shall complete an investigation and submit a report to the pertinent reviewing authority. The reviewing authority shall review the case and shall make a determination on the permit;
5. At least 10 calendar days prior to making a decision, the community development director or designee shall provide for public comment through notice to the property owners adjoining the subject property that such tree removal permit was requested. For development projects subject to public hearing, notification of the hearing shall include description of the tree removal permit request.
D. Subsequent to investigation, the community development director, designee or reviewing authority as the case may be shall approve, conditionally approve or deny the application to remove or relocate any heritage tree(s). The community development director, designee or reviewing authority may impose conditions deemed necessary to implement the provisions of this chapter, including, but not limited to, replacement of the removed or cut down tree or trees with tree(s) of species, type and quantity commensurate with the aesthetic value of the tree or trees cut down or removed; or tree relocation to another site on the property; provided, that the environmental conditions of said new location are favorable to the survival of the tree; and provided further, that such relocation is accomplished under direction of a qualified tree expert. (Ord. 103 § 5, 1990)
8.36.060 Historic landmark trees.
When the tree(s) in question are designated as an historic landmark, a request for a tree removal permit shall be subject to review and recommendation by the historic preservation board. The recommendation of the historic preservation board shall be forwarded to the community development director, or designee, or reviewing authority as the case may be for action. (Ord. 103 § 6, 1990)
8.36.070 Appeal procedure.
Any person aggrieved by the denial or approval of a tree removal permit or including designation as a historically or culturally significant tree by the community development director or designee shall be afforded recourse of appeal in the manner described in this section. The filing of an appeal shall automatically suspend the permit issued or designation until action thereon is taken by the appropriate authority. In hearing such an appeal, the appeal body (planning commission or city council) may affirm, affirm in part, or reverse the previous determination on the tree removal permit or designation.
A. Administrative Decision. Appeals based on decisions by the community development director, designee or the design review committee may be filed by any aggrieved party with the planning commission. Such appeal is to be filed with the secretary of the planning commission in writing, together with any appeal fee within 10 calendar days of the decisive action. The planning commission shall hold a public hearing within 60 calendar days of receipt of an appeal of an administrative decision and may affirm or reverse, wholly or partly, the action which is in question.
B. Planning Commission Decision. Appeals of a planning commission decision may be filed by any aggrieved party with the city council. Such appeal is to be filed with the city clerk in writing, together with any appeal fee within 10 calendar days of the decisive action. The city council shall hold a public hearing within 60 calendar days of receipt of an appeal of a planning commission decision and may affirm or reverse, wholly or partly, the action which is in question. (Ord. 103 § 7, 1990)
8.36.080 Approval period.
Tree removal permits shall be effective following the 10-calendar-day appeal period and shall be valid for a period of 90 calendar days, subject to extension. Where the tree removal permit is associated with a proposal for development, the 90 calendar days shall start from the date of approval or issuance of building permit, whichever comes first. (Ord. 103 § 8, 1990)
8.36.090 Clean-up.
All cut trees, debris and litter shall be cleaned up and removed from the site within two weeks after tree removal or pruning has been completed. However, trees, limbs, etc., which are to be used for firewood shall be sawed for such purposes and neatly stacked within two weeks and may remain on premises of lots containing residential units. (Ord. 103 § 9, 1990)
8.36.100 Tree replacement policy.
A. Any heritage tree removal subject to a tree removal permit shall require replacement at a ratio of two-to-one with size and species to be determined by the community development director or designee.
B. The community development director, designee or the reviewing authority shall condition tree removal permit for replacement of tree(s) within a specified time period and in accordance with the replacement policy established in this chapter. (Ord. 103 § 10, 1990)
8.36.110 Protection of existing trees.
Care shall be exercised by all individuals, developers and contractors working near trees to be preserved so that no damage occurs to the trees. All construction shall protect the health of trees to remain, relocated trees, and new trees planted to replace those removed in accordance with the following measures:
A. All trees to be saved shall be enclosed by an appropriate construction barrier, such as chain link fence or other means acceptable to the community development director or designee, prior to the issuance of any grading or building permit and prior to commencement of work. The protective devices are to remain in place during all phases of construction and may not be removed without the written consent of the community development director or designee until construction is complete;
B. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed;
C. During construction when major tree root(s) are exposed and the root(s) are to be severed, a clean hand saw shall be used to make the cut, and the cut surface shall be treated with a clear polyurethane;
D. No fill material shall be placed within three feet from the outer trunk circumference of any tree;
E. No fill materials shall be placed within the drip line of any tree in excess of 18 inches in depth. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by a qualified tree expert;
G. No construction by-products shall be deposited within the dripline;
H. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at ground level. Actual setbacks may vary to meet the needs of individual tree species as determined by a tree expert. Where some root removal is necessary, as determined by a tree expert, the tree crown may require thinning to prevent wind damage;
I. Windrows to be preserved shall have adequate provisions for deep watering and limit surface watering within 15 feet of trunk;
J. The community development director or his designee may impose such additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed;
K. Trees shall be removed no earlier than 45 calendar days prior to issuance of building permits. However, applicants shall be encouraged to retain as many trees as feasible and/or incorporate them into the design of development project. (Ord. 103 § 12, 1990)
8.36.120 Tree maintenance.
A. The maintenance of trees standing upon public parkway or private homeowner-owned property shall be the responsibility of the owner or owners of those properties except that trees that are in the public right-of-way and that are determined by the city engineer to be a public safety hazard shall be abated by the city.
B. Builders shall be required to prune, treat, and maintain existing trees and plant new ones in such a fashion that when the trees become property of the city, association, or private owner of the trees will be free of various damage, pests, diseases, and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance. (Ord. 103 § 13, 1990)
8.36.130 Separate offenses.
Each tree removed in violation of this chapter shall constitute a separate offense. (Ord. 370 § 25, 2012; Ord. 103 § 14, 1990)