18.45.060 Permits and permit requirements

18.45.060 Permits and permit requirements.

Unless exempted under CMC 18.45.050, any person(s) engaged in removal of trees or tree clearing in the City shall first obtain either a minor tree removal permit or major tree clearing permit as outlined below and shall meet the prescribed tree preservation or tree enhancement requirements in this chapter. If any future development or construction is anticipated, such permits shall be reviewed and issued in conjunction with any required land use permit, engineering design permit, site development permit, binding site plan, subdivision, or building permit. A separate permit shall be required for each individual site on which the tree removal or land clearing is proposed. If no development or construction activity is currently anticipated, individual tree removal or tree clearing permits may be applied for, reviewed, and issued according to this section as separate, freestanding permits. All critical area regulations set forth in Chapter 18.65 CMC and all shoreline regulations set forth in Chapter 16.05 CMC are applicable. Additionally, within the shoreline jurisdiction, a shoreline exemption permit may be required in conjunction with the tree removal permit in some cases.

(a) Minor tree removal permits are those permits involving removal of significant trees on any lots less than one acre in size, or on property or easements granted to public utilities, unless the activity falls within an exemption listed in CMC 18.45.050, in which case no permit is required;

(b) The minor tree removal permit required by this subsection shall be in addition to any other permit(s) which will or have been issued by the City or any other governmental agency with jurisdiction over all or part of the proposed activity or land which is part of the activity;

(c) A minor tree removal permit, with prescribed fee, shall require an application and site plan with two copies on a form to be provided by the Director, in accordance with permit submission requirements outlined in subsection (3) of this section;

(d) The Director shall review the minor tree removal permit application and accompanying site plan and take action to approve, approve with conditions, or deny the permit. The City may ask for more detailed submittal information to meet the requirements of this code;

(e) A minor tree removal permit shall be a Type I permit governed by Chapter 14.30 CMC;

(f) A minor tree removal permit may be applied for as a freestanding permit by itself or in conjunction with any other associated land use application, engineering design permit, site development permit, binding site plan, subdivision, or building permit application.

(a) Major tree clearing permits are those permits involving any removal of significant trees on sites one acre in size or greater, unless the activity falls within an exemption listed in CMC 18.45.050, in which case no permit is required;

(b) The major tree clearing permit required by this subsection shall be in addition to any other permit(s) which will or have been issued by the City or any other governmental agency with jurisdiction over all or part of the proposed activity or land which is part of the activity;

(c) A major tree clearing permit, with prescribed fee, shall require an application and site plan with two copies on a form provided by the Director, in accordance with permit submission requirements outlined in subsection (3) of this section;

(d) The Director shall review the major tree clearing permit application and accompanying site plans and take action to approve, approve with conditions, or deny the permit. The City may ask for more detailed submittal information to meet the requirements of this code;

(e) A major tree clearing permit shall be a Type II permit governed by Chapter 14.30 CMC;

(f) A major tree clearing permit may be applied for as a freestanding permit by itself or in conjunction with any other associated land use application, engineering design permit, site development permit, binding site plan, subdivision, or building permit application.

(a) Minor Tree Removal Permit Submission Requirements. Minor tree removal permits shall be submitted on application forms provided by the Director and shall contain the following information outlined below:

(i) Completed application form, with one copy and appropriate fee;

(ii) The legal description or tax parcel number, and street address for the site;

(iii) If critical areas and their buffers, as defined in Chapter 18.65 CMC, or shorelines, as defined in Chapter 16.05 CMC, exist on the property, then their exact location shall be identified on a topography map showing contours at not greater than five-foot intervals, as determined by a land surveyor. Any proposed tree cutting, land clearing, landscaping, and replanting activity, within or near such critical areas or shoreline, shall be included on such map;

(iv) A scaled site plan that clearly depicts the limits of disturbance, existing trees and their critical root zones, the location of any critical area or shoreline within 200 feet of the property and the applicable buffers and setbacks, property lines, structures, north arrow, and date;

(v) A tree inventory completed by a qualified arborist, identifying the species type, size, approximate height, location, and number of both existing trees and those specific trees to be removed;

(vi) A statement explaining the scope of work and time schedule for tree removal;

(vii) Information showing the location of existing and proposed improvements, if any, including but not limited to structures, roads, utilities, driveways and trails;

(viii) The approximate location of all critical areas and critical area buffers, and shoreline jurisdiction areas; and

(ix) Any other information, such as erosion and sediment control plans, if applicable, that the Director deems necessary and reasonable for an effective evaluation of the application for a minor tree removal permit.

(b) Major Tree Clearing Permit Submission Requirements. Major tree clearing permits shall be submitted on application forms provided by the Director, with any land use application, engineering design permit, site development permit, binding site plan, subdivision, or building permit on the same site; or by itself as a freestanding permit for any major tree clearing, land clearing or grading permit when no land use or building permit is anticipated. Permit submissions shall contain the following information:

(i) Three copies of the completed application form and appropriate fee;

(ii) The legal description or tax parcel number, and street address for the site;

(iii) If critical areas and their buffers, as defined in Chapter 18.65 CMC, or shorelines and their buffers and setbacks, as defined in Chapter 16.05 CMC, exist on the property, then their exact location shall be identified on a topography map showing contours at not greater than five-foot intervals, as determined by a land surveyor. Included shall be any proposed tree cutting, land clearing, landscaping, and replanting activity, within or near such critical areas or shoreline;

(v) A tree inventory completed by a qualified arborist with the date of inventory, showing the location, number, size, height, species, and condition of existing trees, and designating any trees to be removed, proposed scope of work, a north arrow, and scale;

(vi) The location, number, height, caliper, and species of any replanted trees on site that were planted pursuant to any tree replanting or tree enhancement plan requirements;

(vii) Erosion and sediment control plans and mitigation;

(viii) A tree protection plan with fencing details during construction;

(ix) A proposed time schedule for tree clearing, replanting, land restoration, and implementation of erosion control measures;

(x) A discussion and calculations demonstrating that the conditions and standards set forth in CMC 18.45.070 and 18.45.080 are satisfied;

(xi) A performance guarantee consistent with Chapter 14.105 CMC; and

(xii) Any other information which the Director deems necessary for an effective evaluation of the application for a major tree clearing permit.

(a) Decision Types. Minor tree removal permits are a Type I decision, and major tree clearing permits are a Type II decision as defined in Chapter 14.30 CMC.

(b) Extent of Authority Within Permit Review Process. The Director shall have the authority to approve, modify, approve with conditions, or deny such permits in accordance with the intended purposes of this chapter as well as the standards and requirements set forth in this section and CMC 18.45.070 and 18.45.080. If the Director determines that the application complies with all criteria and standards set forth in this chapter, then a minor tree removal or major tree clearing permit shall be issued.

(c) Length of Permit Validity. Permits granted hereunder as a freestanding permit and not associated with another land use or building permit shall be valid for 180 days. One 180-day extension is allowed by the Director for reasonable, extenuating circumstances, and must be requested in writing prior to the expiration date. Otherwise a new permit shall be required. Permits granted hereunder which are associated with and accompany another land use, site development, or building permit shall be valid for the length of time associated with the accompanying land use permit, engineering design permit, site development permit, binding site plan, subdivision, or building permit.

(d) Suspension or Revocation Allowed. Approved permits may be suspended or revoked by the Director on the basis of inaccurate or misleading information within the application therefor or upon the violation of any provision of this chapter.

(5) Tree Protection and Tree Fencing Standards. The following tree protection, fencing, and tree care standards shall be implemented and followed prior to, during, and subsequent to any subdivision, development, redevelopment, construction, tree clearing, or tree replacement as part of the conditions of any permit, unless exempt from the provisions of this chapter:

(a) No tree clearing shall be allowed on a site until all required permits have been obtained;

(b) A tree protection area, corresponding to the critical root zone of a significant tree, shall be identified by a qualified arborist during the construction stage, and temporary fencing in accordance with subsection (5)(d) of this section shall be installed around the tree protection area prior to any tree clearing and/or grading. Fencing shall remain throughout construction. No disturbance to the tree protection area is authorized and, if any sign of disturbance is observed within the tree protection area by the City, a stop work order may be issued until corrections are made and any damage is restored;

(c) No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within tree protection zones or within the surrounding construction fencing required herein;

(d) Construction fencing shall be placed at a minimum of five feet from the boundary of the significant tree’s critical root zone or tree tract. The location and material of the fence must be shown on the approved tree enhancement plan, tree clearing permit or clearing and grading plan. The fence material must be in place before any clearing, grading, tree cutting, or construction begins on the site and must remain in place until construction and final inspection are complete. The fence must be maintained in satisfactory condition throughout construction and repaired immediately if damaged, and failure to maintain said fence may result in a stop work order being issued until such time as the tree protection fence is repaired. The fence must meet one of the following standards:

(i) Five-foot high, orange, plastic, secured to the ground with seven-foot metal posts or T-posts; or

(ii) Five-foot high, steel or chain link, attached to concrete blocks.

(e) A tree designated for preservation shall not have the soil grade altered within its critical root zone or within six feet of its trunk, whichever is greater. The grade may be lowered if a qualified arborist with the concurrence of the Director determines the impact of lowering the grade within the area described in this subsection will not adversely affect the health of the tree;

(f) Trees shall not be designated for preservation if they are dead, diseased, or an at-risk tree;

(g) Grade level changes described in subsection (5)(e) of this section shall be done according to a plan prepared by a qualified arborist that includes measures to reduce adverse impacts on trees;

(h) No work shall be allowed within the critical root zone unless approved by the Director with appropriate mitigation measures;

(i) Any trees which are staked at the time of planting shall have stakes removed when no longer needed for stability, but in no case longer than three years after planting, unless new staking measures are approved by the Director; and

(j) Alternative tree protection methods may be used if determined by the Director to provide equal or greater tree protection.

(6) Permit Fees. Fees for minor tree removal permits and major tree clearing permits shall be as specified in a fee resolution or by another method approved by the Covington City Council.

(a) Bald Eagle and Other Federal and State Requirements. All permittees and their agents must comply with all applicable Federal and State laws, rules and regulations, including, without limitation, the Endangered Species Act, the Bald Eagle Protection Act, and the Migratory Bird Treaty Act, as now existing or hereinafter adopted or amended.

(b) Reporting Requirements for Removal of At-Risk Tree(s). Emergency removal of at-risk tree(s), without a permit, and as allowed herein, shall be reported to the City on a form provided by the Director within 21 days of the emergency removal.

(c) Permits and Written Reports for Public Utilities Pruning or Removal of Trees. Pruning for aboveground utility facilities and lines are allowed, but such utilities and/or their contractors shall submit a written statement to the City, in lieu of a permit, prior to tree pruning, indicating that no trees will be removed during pruning, and that any tree pruning will not cause significant structural defect to the trees. If trees are to be removed, the minor tree removal permit procedures shall apply, unless exempt, but replanting with appropriate trees for ROW or utility easement locations shall be required of the public utility, unless the Director determines in writing such replanting is inappropriate.

(d) Critical Areas and Shoreline Jurisdiction Exceptions and Limitations. Any removal or clearing of trees, ground cover, or other vegetation from critical areas or from the shoreline jurisdiction shall be governed by Chapters 16.05 and 18.65 CMC, as now existing or hereinafter adopted or amended and must comply with all limitations and restrictions for alterations of critical areas and critical area buffers in Chapter 18.65 CMC and for alterations of shoreline jurisdiction areas in Chapter 16.05 CMC.

(e) Permits Required for Removal of Trees in Tree Tracts, Tree Conservation Easements or as Part of Tree Enhancement Plans. Any trees required as part of any tree tract, tree conservation easement or tree enhancement plan under provisions of this chapter shall remain permanently unless a minor tree removal permit or major tree clearing permit under this section is obtained and replacement trees are planted in accordance with standards of this chapter. (Ord. 02-21 § 2 (Exh. A); Ord. 05-20 § 2 (Exh. A); Ord. 06-17 § 5 (Exh. C); Ord. 04-08 § 2)