A. Removal of Up to Two Trees or 40 Percent of Trees. The city shall approve of all Class I tree removal permit applications immediately after receiving a complete application packet, provided not more than two significant trees or not more than 40 percent of significant trees (whichever is greater) are requested for removal in a calendar year or no other significant trees were removed in a period of six months prior, or the tree(s) proposed for removal were not replanted trees nor trees saved as a part of a previous tree permit.

B. Tree Removal Subject to City Review. If more trees are requested for removal than allowed in subsection (A) of this section, or if the tree(s) proposed for removal were replanted trees or trees saved as a part of a previous tree permit the city shall inspect the site in question and evaluate the condition of the trees with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures, and interference with utility services. The city shall approve the removal of trees unless removal could cause damage to adjacent properties, as reasonably determined by the public works department.

C. Replanting. All holders of a Class I tree removal permit shall be required to replace removed trees over the allowable limit specified in subsection (A) of this section at a ratio of one tree for every significant tree removed, regardless of the size of tree removed, up to the amount that land can reasonably sustain. The holder of a Class I permit shall only be required to replant the amount that the land can reasonably sustain. The holder of a Class I permit shall not be required to replant following removal of a nonsignificant tree. Replacement trees required by a Class I permit shall be at least four feet tall, and shall be subject to approval by the public works department.

D. Option to Replant. If the holder of a Class I tree removal permit wishes not to replace the required amount of replacement trees, the holder may pay a Class I tree replacement option fee per tree not replaced, established in Chapter 3.104 LMC. The Class I tree replacement option fee shall be placed in the tree fund, as established in Chapter 3.102 LMC.

E. Fee. A Class I tree removal permit shall not be issued until such time as the applicant has paid the fee established in Chapter 3.104 LMC. A fee shall not be required if the city gives written notice to a property owner that trees on his/her property must be removed. (Ord. 2656 §§ 1, 2, 2006; Ord. 2481 § 4, 2004)