Ordinance 4175-26 - Laserfiche WebLink

Exhibit B ORDINANCE Exhibit A - Page 13 of 55 and buffer functions. Hazard trees are those trees that pose a threat to public safety, or pose an imminent risk of damage to private property. (1) The director may determine that a tree or trees pose an apparent hazard or threat to public safety and approve their removal. The director may require, at the owner’s cost, an assessment and recommendation from a certified arborist, registered landscape architect or professional forester that documents the hazard and provides a replanting schedule for replacement trees. (2) Where hazards can be eliminated without complete removal of the tree, the director may require that a wildlife snag remain in the critical area or required buffer. (3) Where tree removal is necessary, the landowner shall provide replacement trees as recommended by the assessment or at a ratio of two trees for every tree removed. Trees shall be placed at a location approved by the director to avoid future tree hazards and in accordance with an approved restoration plan. (4) If a tree to be removed provides critical habitat, such as an eagle perch, a qualified biologist shall be consulted to determine timing and methods of removal that will minimize impacts. The biologist’s report shall be circulated to agencies with expertise for review and comment prior to approval by the director. (5) If a tree to be removed is located within a geologically hazardous area, the planning director may require submittal of a geotechnical report documenting the impact on the property. (6) Unless otherwise provided, or as a necessary part of an approved alteration, mitigation, or buffer management plan, removal of any vegetation or woody debris from a wildlife habitat conservation area or wetland, or required stream or wetland buffer, shall be prohibited. (7) The city may require that a hazard tree assessment be completed, and that hazard trees be removed from buffers, and trees replanted in accordance with the requirements of this chapter prior to final approvals for a development proposal. c. Nonhazardous tree removal with replanting. Except as allowed under subsection B.2 of this section, the planning director, using the review process described in EMC Title 15, Local Project Review Procedures, may allow up to a maximum of ten percent of all nonhazardous trees within the outer half of a critical area buffer to be removed. Removal of nonhazardous trees must comply with the following requirements: (1) Proposals to remove nonhazardous trees shall include a planting plan prepared by a qualified professional biologist, arborist, or forester unless waived by the planning director. The plan must show the number, size, and type of plants to be planted and where the plants will be located. The plants should be placed in an area within the buffer that will be most beneficial to the stream or