It shall be unlawful for any person to remove a tree, not otherwise exempted herein, without first obtaining and having in his or her possession a valid tree removal permit. A person who desires to remove a tree, not otherwise exempted in Section 12.36.035 of this chapter, shall first apply for and receive one of the following tree removal permits before tree removal occurs:

    A.    Emergency Tree Removal Permit.

    1.    If the condition of a tree presents an immediate danger of collapse and requires immediate action for the safety of life or property, it may be removed without prior issuance of an emergency tree removal permit upon the order of the tree permit administrator or a member of the police or fire department. The payment of a fee shall be waived.

    2.    Emergency tree removal permits shall be reviewed and considered for approval by the tree permit administrator. The tree permit administrator may require the applicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse.

    B.    Construction Related Tree Removal Permit.

    1.    If a site has received development approval through a planning action consistent with the standards of this chapter, then a construction related tree removal permit shall be required for those trees approved for removal through that process. To obtain a construction related tree removal permit, an applicant must: (a) file an application and filing fee with the tree permit administrator, (b) submit a site plan indicating the location of the requested trees for removal, (c) clearly identify on the property, the trees to be removed by tying pink tagging tape around each tree, and (d) if trees are to be protected, submit a tree protection plan pursuant to Section 12.36.200(A) of this chapter. Vegetation four inches to eight inches DBH that is to be removed shall also be marked with pink tagging tape. The tree permit administrator may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The tree permit administrator will then verify that the trees requested for removal match the approved site plan and that the project has addressed all conditions relative to the protection and planting of trees. The city shall require the applicant to mitigate for the removal of each tree pursuant to Section 12.36.085 of this chapter. Such mitigation requirements shall be a condition of approval of the original development permit granted by the city.

    2.    Construction related tree removal permits shall be required prior to the issuance of a grading and/or building permit for the subject property, whichever occurs first.

    C.    Tree Removal Permit.

    1.    Tree removal permits are required for the following activities:

    a.    Removal of trees greater than eight inches DBH on any private lands;

    b.    Removal of significant trees or street trees greater than eighteen inches DBH on any public lands or within the public right-of-way.

    2.    Applications for tree removal permits shall be reviewed and approved by the tree permit administrator pursuant to Section 12.36.080 (approval criteria) of this chapter. After determining the application is complete, the tree permit administrator shall act upon the application and provide a decision to the applicant within a minimum of ten days to a maximum of thirty days. If the tree plan administrator does not act upon a complete application within thirty days after deeming it complete or have requested and received a continuance of the application time frame from the applicant, the application shall be considered approved.

    3.    The tree plan administrator shall ensure that a tree or a grove of trees proposed for removal shall be conspicuously posted with a weatherproofed copy of the tree removal application a minimum of ten days before the tree permit administrator intends to make a decision on the permit.

    4.    It shall be the responsibility of all licensed tree cutters or any other person who is removing the tree to have a copy of the applicable tree permit, a valid city business license and any required state licenses in his or her possession and available for inspection upon request. (Ord. 646 § 2 (part), 2005)