§ 8.36.060. TREE ADVISORY COMMITTEE HEARING.

(A) The Committee may require the applicant to submit his or her application to a Qualified Arborist designated by the town for a report and recommendation. The applicant shall bear all expenses in conjunction with this report. If the Committee reasonably determines that the Qualified Arborist report is not credible, the Committee may require that the applicant submit his or her application and Qualified Arborist report, at the town's expense, for peer review by an additional Qualified Arborist selected by the Committee. The Committee may also request that the applicant provide computer generated simulations of the potential impacts of the proposed tree removal or plantings.

(B) After reviewing the application and accompanying materials and inspecting the premises, the Committee shall grant or deny the permit based upon the following considerations:

(1) Whether the alteration or removal of the tree(s) is necessary to protect the public health and safety and prevent damage to property. The Committee may consider the condition of the tree(s) with respect to disease, danger of structural failure, potential fire hazards, and proximity to existing or proposed structures, and whether the alteration or removal of the tree(s) will prevent or correct damage to property or infrastructure. The Committee should also consider whether the alteration or removal of the tree(s) is necessary in order to prevent the obstruction or interference with public utility facilities, sanitary sewer facilities, storm drains, water supply facilities, or watercourses.

(2) The character of the surrounding neighborhood and the effect of the proposed tree alteration or removal upon aesthetics, privacy, shade, and property values in the area. The Committee may consider whether the over-all tree density and canopy cover is consistent with the existing character of the town, or whether the tree has matured to such an extent that it is determined to be out of scale with adjacent structures and utilities, or other landscape features.

(3) Whether the tree is a heritage tree, specimen tree, undesirable tree, or other species.

(4) Whether the proposed tree alteration or removal is necessary to allow the owner to reasonably develop and use the subject property. The Committee may consider whether reasonable revisions to a proposed project would allow an owner to reasonably develop and use the subject property without requiring removal or alteration of a healthy heritage tree or multiple trees. Where the Committee determines that the tree alteration or removal is necessary to allow reasonable development of the property, the approval of the tree permit shall be conditioned on the issuance of all necessary approvals from the Planning Commission and Town Council.

(5) The topography of the land and whether the tree alteration or removal will have an adverse effect on erosion, soil retention, and the diversion or increased flow of surface water. The Committee may consider whether adequate provisions to avoid these impacts have been made.

(6) Whether the proposed tree alteration or removal would have a detrimental effect on the health of surrounding trees, or whether the proposed action would enhance the health of the subject tree or adjacent trees.

(7) Where tree alteration is proposed, whether the alteration would harm or diminish the vigor of the tree.

(C) The Director shall grant or deny the permit based on the findings and direction of the Committee.

(D) Reasonable conditions of approval may be attached to any tree removal permit including, but not limited to, the replacement of removed trees. In general, removed trees shall be replaced at a minimum ratio of 1:1. The Tree Committee shall have the authority to specify the ratio, where necessary after considering of any fire hazard risk. The site or sites for replacement may be specified by the Committee. Replacement trees shall be of a reasonable size as determined by the Committee based on the recommendation. Drought tolerant, native species that are not susceptible to Sudden Oak Death Syndrome shall be preferred as replacement trees. Security and maintenance measures may be required in order to ensure the successful establishment of replacement trees. Notwithstanding this section, the Committee may authorize the planting of a lesser number of trees of a greater size where this would further the purposes of this chapter.

(E) Approval of a tree permit by the Committee shall not constitute approval of project or the issuance of a permit for building or grading.

(Ord. 743, passed 7-1-2009)