Chapter 9.30
TREE REMOVAL
Sections:
9.30.010 Definitions.
For purposes of this chapter, the following terms are defined as follows:
“City forester” means the person designated by council to advise the city on trees and other urban forestry matters or such person’s designee. The city forester may be a city employee, contractor, or volunteer. For the purposes of this code, the terms “city forester” and “city arborist” shall be interchangeable.
“Improvements” means any manmade physical addition to a property affecting the value or use of that property.
“Person” means any natural person, business entity, organization, trust, or other entity.
Remove. A tree is removed if it is cut down, ripped out, topped, or is otherwise killed by girdling, excessive pruning, poisoning, or other accidental and/or intentional action resulting in the death of the tree.
“Significant tree” means a tree with a trunk diameter of eight inches or greater as measured four and one-half feet above the ground. [Ord. 534 § 2 (Exh. A), 2023].
9.30.020 Tree removal permit.
(1) Permit Required. No person may remove a significant tree on private property within the city limits without a tree removal permit issued by the city in accordance with the provisions in this section.
(2) Exemptions. The following actions do not require a tree removal permit:
(a) Trees removed from publicly owned or managed property. This exemption includes, without limitation, removal of trees within easements benefiting a public entity, public utility easements, public leases, and public right-of-way. Removal of trees on public property is subject to SMC 4.05.040.
(b) Tree removal required as prescribed in Chapter 8.20 SMC, Urban/Rural Interface.
(c) Trees removed in accordance with a land use permit or building permit approval.
(d) Trees that present an immediate threat to the safety and welfare of persons and property provided advance notice of the proposed removal is provided to the city to the greatest extent practical under the circumstances. Notice after the fact must be provided if advance notice is not practical.
(3) Submittal Requirements. An applicant for a tree removal permit must complete the application form prescribed by the city, pay the fee for the tree removal permit established by council, and submit the following information:
(a) Map of the property containing the following:
(i) Location of proposed significant tree(s) to be removed.
(ii) Existing and proposed structures that may impact the tree(s).
(iii) Property line boundaries.
(b) Tree report prepared by ISA-certified arborist. Must be dated no later than one calendar year preceding the date of tree removal permit application and include the following information:
(i) Justification for removing the tree utilizing the approval criteria in accordance with subsection (4) of this section.
(ii) Alternatives to removal considered.
(iii) Name, contact information, and signature of arborist preparing report.
(4) Approval Criteria. The city may authorize a tree removal permit for any one or more of the following reasons:
(a) The tree is diseased and may result in the spread of disease to other trees.
(b) The structural integrity of the tree is compromised by disease or injury.
(c) The tree, including without limitation its root system, otherwise presents a hazard to life, property, utilities, streets, or other improvements.
(d) The removal of the tree is necessary to construct improvements on the site and preservation of the tree is impractical. Preservation of the tree may become impractical when it prevents reasonable improvements to the subject property.
(5) Reference. The city may refer a tree removal permit request to the city forester for comments or additional information.
(6) Expiration. A tree removal permit is valid for six months from the date of issuance. [Ord. 534 § 2 (Exh. A), 2023].
9.30.030 Violation – Penalty.
(1) Responsible Party. Any person or entity, regardless of ownership or lawful right of possession of any property, may be subject to penalty if their action or failure to act causes a violation of this chapter. However, the owner and any other person in possession of the property at the time of the violation shall be presumed to be the party responsible for a violation occurring on such property. This presumption of responsibility may be overcome by a preponderance of the evidence showing (a) that the violation was committed by some person other than the owner, possessor, and/or their respective agents, managers, employees, family members, invitees, or contractors and (b) that the owner and/or possessor was not able to control or prevent the violation. If more than one person is responsible, such persons shall be jointly and severally liable for the violation.
(2) Each violation of this chapter including, without limitation, each significant tree removed without a tree removal permit, is a separate offense. Each offense is punishable by a fine of no less than $500.00, but not to exceed $2,000. The amount of the fine shall be based on the size of the tree removed.
(3) Nothing herein shall preclude city from pursuing any remedy available at law or equity including, without limitation, seeking an injunction to any violation or threatened violation of this chapter. [Ord. 534 § 2 (Exh. A), 2023].