§ 8.12.040. Permit and permit fee required.

A.

It shall be unlawful to fell a qualifying tree without a duly issued permit in accordance with the provisions of this chapter. A permit shall be required for the felling of qualifying trees that measure either thirty-one (31) inches or greater in circumference or ten (10) inches or greater in diameter at breast height (dbh). All tree measurements shall be taken at breast height, defined as four (4) feet, six (6) inches above natural grade as measured on the uphill side of the tree. Any permit application filed with town officials proposing the felling of a total of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall contain a written explanation by a tree expert under penalty of perjury that the qualifying tree or trees must be felled based on circumstances for felling and/or removal under Section 8.12.090 of this chapter. No person shall fell or remove a qualifying tree from real property prior to permit approval.

B.

A permit fee for the felling of any qualifying tree shall be established by the town council. The permit fee and any cost charged for evaluation by a tree expert shall be the responsibility of the property owner.

C.

Except as provided in Section 8.12.090 of this chapter, tree felling permit applications shall be subject to review, approval or denial as follows:

1.

Tree felling permit applications proposing to fell a total of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall be subject to approval or denial by the planning commission or by the planning director based on which one has the approval authority for a related planning and/or land use entitlement application pursuant to town subdivision and zoning regulations.

2.

Tree felling permit applications proposing the felling of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall be subject to approval or denial by the planning director or the planning commission upon referral by the planning director, whenever the application is not related to a planning or land use entitlement.

3.

Tree felling permit applications proposing the felling of eight (8) or fewer qualifying trees from a single legal parcel within a twelve (12) consecutive month period or the felling of any number of qualifying trees relating to a single-family residential land use shall be acted upon by the town manager, or his/her designee and may in the judgment of the town manager require an evaluation by a tree expert.

4.

For purposes of creating a fire-safe environment for new single-family land uses, qualifying trees located within thirty (30) feet of new building foundations may be felled subject to the issuance of a tree felling permit issued administratively by the town manager or his/her designee.

D.

A tree felling permit shall be valid for a period of ninety (90) days after the date of issuance. An extension of an unexpired permit for up to an additional forty-five (45) days may be granted by the town manager, or his/her designee if acts of nature prevent the felling of trees due to unusual and extraordinary circumstances beyond the control of the permittee.

E.

A minor modification to an approved, unexpired tree felling permit may be granted at the discretion of the town manager or his/her designee for up to three (3) additional, deleted or alternative qualifying trees, based upon a clear demonstration of the need for such a modification due to unforeseen circumstances. If any increase in the number of qualifying trees for an administratively approved tree felling permit results in a total of nine (9) or more qualifying trees proposed to be felled, a public hearing before the planning director or by the planning commission upon referral by the planning director shall be required (excepting single-family land uses).

F.

In reviewing an application, the town council, planning commission, planning director or town manager may require a second opinion from a tree expert regarding the necessity to fell one or more qualifying trees. The cost for such a second opinion shall be at the sole expense of the permittee.

(Ord. No. 565, § 2, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)