18-40.050 Removal Regulations.
a. Removal Criteria. Unless exempt under Section 18-40.030, no heritage tree shall be approved for removal unless first declassified in accordance with Section 18-40.030(b). Native tree removal permits may be issued for all other protected trees meeting the following criteria unless a waiver is granted for a parking reduction in accordance with subsection (b) of this section:
1. Protected trees that cannot be avoided and associated with residential or non-residential construction, remodels, renovations, expansions or grading that does not meet exemption criteria;
2. Installation of temporary structures such as above-ground pools, sheds or other structures that are not fixed to the ground.
3. A tree removal permit shall not be granted prior to the granting of all other permits required for the project in question.
b. Waiver of Parking Spaces. At the discretion of the Director, the number of required parking spaces for commercial development may be reduced by up to two (2) parking spaces per protected tree that is retained within a proposed parking lot.
c. Removal of Slash and Felled Trees. All slash, downed trees or tree scraps except for wood that is cut, stacked and stored for firewood shall be chipped, burned or removed from the property by the permittee within forty-five (45) days following the felling of any tree. Should debris be burned, the permittee shall first obtain a burn permit from the Lake County Fire Protection District and comply with all burning regulations. Exceptions to this subsection may be approved by the Director should extenuating circumstances exist that delay the clean-up of the debris.
d. Replacement Trees.
1. For each protected tree felled and/or removed, two (2) replacement trees shall be planted for the first ten (10") inches DBH of tree removed and one (1) tree for each additional two (2") inches of DBH of the protected tree felled. The replacement trees shall be of the same species type as that of the removed tree and shall be planted by the permittee within twelve (12) months of issuance of the removal permit. Replacement saplings shall be a minimum of a five (5) gallon sapling. All required replacement trees shall be maintained or replaced if needed, until they are established. Should the site not contain appropriate habitat to allow for the success of same-species replacement, the Director may authorize all or partial on-site replacement of a different species from among the list of protected trees.
2. Where replacement trees cannot be reasonably accommodated on site, replacement trees shall be planted off-site at a ratio of four (4) replacement trees for the first six (6") inches of DBH of the protected tree felled and/or removed and one (1) tree for each additional inch of DBH of the protected tree felled. Maintenance of replacement trees shall be as required for subsection (d)(1) of this section.
3. Off-site replacement may be on other property owned by the applicant or on public property, in locations to be determined by the City. All off-site replanting requests shall be submitted to the Director or his/her designee at the time of the tree removal permit application.
4. For off-site replacement on public property, the applicant shall contribute to a fund established by the City to replant and maintain the trees. The fee shall be established by the City Council and shall be equivalent to the estimated cost to purchase, replant and maintain the trees until established.
5. A tree replacement plan shall be submitted with all applications for a native tree removal permit where the applicant is proposing to undertake the replanting. The plan shall be reviewed and approved by the Community Development Department prior to issuance of a permit. The plan shall depict the proposed location and manner of tree replacement, consistent with the above requirements.
e. Security. Security shall be provided to the City guaranteeing the maintenance of the replacement trees for a period not less than five (5) years to minimize loss. The security shall be relinquished when it is determined the trees are established.
f. Inspections. The Community Development Department may make inspections at any time during which the security is in effect to verify that the replacement trees are being maintained according to the terms of the permit. (Ord. #248-2020, S2 (Exh. A))