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A. Trimming and Removal of Trees. No person shall perform major pruning or remove trees in planting strips, improved rights-of-way, or other public places, or cause or authorize any person to trim, prune or remove trees in public places, without first filing an application and procuring a street tree permit from the city.

1. Application Data. The application required herein shall state the kind, size and condition of trees to be trimmed or removed; the kind of trimming to be administered; and such other information as the director of parks and recreation department shall find reasonably necessary to a fair determination of whether a permit should issue hereunder.

2. Standards for Issuance. The director of parks and recreation department shall issue the permit provided for herein when he finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.

3. Major Pruning. The city may require that the pruning be performed by a licensed tree trimmer. This determination will be made as a part of the street tree permit process.

4. Tree topping, as defined in BMC 13.40.030, is unlawful as a normal practice. Trees severely damaged by storms or other causes, or where other pruning practices are impractical may be exempted from this section at the determination of the director of the parks and recreation department.

5. Removal of Trees. The stumps and roots of trees shall be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade.

6. Tree Replacement Location. As a condition to the granting of a tree removal permit, the parks department may require the applicant to relocate or replace trees.

B. Planting of Trees. No person shall plant a tree or other vegetation in improved rights-of-way without first filing an application and procuring a street tree permit from the city. Upon receipt of an application for a permit to plant or set out in excess of 10 trees, the director of parks and recreation department shall have the authority to require from the applicant a detailed declaration of intentions either in form of a planting plan or written statement. All planting plans shall be drawn in ink and submitted in duplicate. One copy of each plan or statement of intention shall when approved by the director of parks and recreation department be returned to the applicant and the other copy shall be kept on file by the director of parks and recreation department. All statements filed in lieu of a planting plan shall contain the same information as required on the plan. All planting plans shall accurately show:

1. The proposed street including pavement, curb, gutter, parking strip and sidewalk areas to a definite indicated scale.

2. The variety and size of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plans or referenced with a number to key list.

3. The proposed location of each and every proposed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan.

4. The distance between trees in any direction.

C. Notice of Completion. A notice of work completion concerning tree planting, removal or major pruning shall be given by the permittee, within five days, to the director of parks and recreation department for his inspection.

D. Department Responsibilities for Coordination of Street Tree Permits.

1. Planning Department.

a. Provide a street tree permit application as requested by the public.

b. Provide handout information including street tree brochure and recommended tree listing.

c. Require street tree permit to be completed for any project requiring street tree installation.

d. Route completed street tree permit application to public works department if application is for planting and to the parks and recreation department if the application is for removal or pruning.

2. Public Works Department.

a. Inspect job site and approve or disapprove based upon impact of tree to right-of-way.

b. Route permit application to parks and recreation department.

3. Parks and Recreation Department.

a. Contact permit applicant and inspect site.

b. Determine if licensed trimmer is required.

c. Approve or disapprove application and notify applicant of decision.

d. Inspect work after completion.

E. Any permit issued pursuant to this chapter shall expire 30 days from date of issuance.

F. Denial of Permit – Appeal Process. A decision denying a request for a street tree permit may be appealed to the hearing examiner. The appeal notice shall be in writing and submitted to the hearing examiner. The notice shall include, at a minimum, the following information: name, address, telephone number of applicant, location of trees involved in the appeal, decision being appealed, reference to any applicable code or ordinance, and a concise statement of the reasons for appeal. [Ord. 2002-10-069 § 27; Ord. 10282, 1992].