§ 9.3.4. Boundary Tree  


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  • A.

    Boundary Tree means a tree 10 inches DBH or larger located on a property adjacent to a permitting property whose critical root zone or canopy extends into that permitting property.

    B.

    Where a Tree Removal Permit is required for a Boundary Tree, the City Arborist must determine whether the proposed land disturbance or construction activity will deprive the Boundary Tree of continued viability.

    1.

    If there is not sufficient evidence to show that the proposed activity will deprive the Boundary Tree of continued viability, the Tree Removal Permit may be issued allowing the proposed activity.

    2.

    If there is sufficient evidence to show that the proposed activity will deprive the Boundary Tree of continued viability, the Tree Removal Permit must not be issued in a manner allowing the proposed activity relating to the Boundary Tree.

    C.

    If the City Arborist determines that it is uncertain whether the proposed land disturbance or construction activity will deprive the Boundary Tree of continued viability, prior to the issuance of a Tree Removal Permit allowing the proposed activity relating to the Boundary Tree:

    1.

    The applicant must provide two or more estimates from professionals that are determined to be sufficient to offset the removal and replacement costs of the Boundary Tree, and an average will be used to determine the amount of funds the applicant must provide into an account established by the City. Notice must be provided to the property owner whose property contains the Boundary Tree and must include notice of the deposited funds and a copy of this Section.

    2.

    In establishing the escrow amount required pursuant to Sec. 9.3.8.F, the proposed replacement tree upon which payment is computed must be comparable to the Boundary Tree in species and size potential, be ecologically compatible with the intended growing site, and at maturity fully mitigate the loss of the entire canopy area of the Boundary Tree.

    3.

    For the purposes of this section, credit will be granted to applicants for the entire tree canopy of a Boundary Tree protected, as calculated pursuant to the Technical Manual.

( Ord. of 4-17-2018(7) , § 9-21)