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Ordinance No. 2288 <br />Page 5 of 12 <br /> <br /> <br />performance or function by developing and preserving tree structure and health or preserving or <br />improving wildlife habitat. <br />N. “Topping” means the indiscriminate cutting of tree branches to stubs or lateral branches that <br />are not large enough to assume the terminal role. <br />O. “Trunk” means the primary structural woody part of the tree beginning at and including the <br />trunk flare and extending up into the crown from which scaffold branches grow. <br />17.16.010 Permit—Required. <br />A. No person shall remove, or Effectively Remove, any Protected Tree growing within the city <br />without a permit except as provided in this chapter. <br />B. Normal maintenance and pruning of a Protected Tree shall not require a permit but shall in <br />all cases be in conformance with the guidelines in Section 17.16.080. Pruning which, in the <br />reasonable opinion of the Director, is not consistent with these guidelines shall be subject to <br />penalties as provided in Section 17.16.110 of this chapter. <br />17.16.020 Permit—Procedure. <br />A. Except as provided in Section 17.16.050 of this chapter, any person desiring to remove a <br />Protected Tree in the city shall submit an application to the Director on a form provided by the city. <br />Said application shall contain the number, species, size and location of Protected Trees to be <br />removed and a brief statement of the reason for removal as well as any other pertinent information. <br />The permit, if granted, shall entitle the Applicant to remove only the Protected Tree(s) designated <br />by permit. <br />B. When an Applicant submits an Application, the Applicant agrees to allow the Director to <br />access the property to inspect the Protected Tree(s) and the surrounding area to make a <br />determination on whether a permit to remove the tree shall be granted. <br />C. The Director may grant a permit to remove a Protected Tree if any of the following apply: <br />1. The tree is dead, dying, or diseased and good forestry practices cannot be reasonably <br />undertaken to preserve it; <br />2. The tree is in such a dangerous or hazardous condition as to threaten or endanger the safety <br />of people, structures, property, or other protected trees; <br />3. The tree has outgrown its planting space and is causing damage to utilities (e.g., water and <br />sewer lines), structures or other significant improvements on the property (e.g., the foundation <br />of a home, driveway, swimming pool, etc.), and no reasonable mitigation efforts can be taken <br />to repair the damage and preserve the tree; <br />4. The tree must be removed in order to construct improvements to allow for the economic <br />enjoyment of the property (e.g., expansion of the existing home, construction of an Accessory <br />Page 41 of 893