9-10-1 LOGGING AND TREE REMOVAL

A. Purpose: 1. It is the intent of the Town to preserve the natural environment and rural mountain town atmosphere, consistent with the General Plan, by preserving as many trees as is possible and reasonable. (2010 Code, amd. Ord. 15-004, 4-28-2015) 2. It is unlawful for any entity or person to log, harvest, cut down, remove, relocate, or cause any such to be done, or knowingly damage so as to require the cutting down or removal of any live tree with a diameter of six inches (6") or greater at a level of five feet (5’) above the ground without a permit. Permits may be issued for the cutting down, relocation or removal of live trees in accordance with the Standards for Review delineated in 9-10-1(C). Relocation of trees off-premise will not count towards revegetation requirements. (Ord. 15-005, 4-28-2015, amd. Ord. 21-006, 05-25-21) B. Permits: 1. Permits to cut down, relocate, or remove a tree as provided under this title shall be issued by the Planning and Zoning Administrator, or designee. An applicant shall provide such information as the town deems necessary to adequately evaluate the permit application. (amd. Ord. 15-005, 4-28-2015, amd. Ord. 21-006, 05-25-21) 2. The permit application shall be accompanied by the appropriate fee as indicated on the consolidated fee schedule and reviewed by the Planning and Zoning Administrator, or designee, and any other staff deemed necessary to assist in application review. (amd. Ord. 21-006, 05-25-21). C. Standards For Review: Permit applications shall be reviewed pursuant to the following standards: 1. The intended removal or relocation of a tree will have an acceptable impact on flooding, snow slide and landslide hazards, watershed areas, spring protection zones, water runoff and erosion areas, public rights of way, wind breaks, and other trees and vegetation. 2. The tree removal is necessary to eliminate or minimize disease, a danger of tree fall, danger to utility lines or structures, dangers to public rights of way, dangers to buildings or other structures, including fences or other trees, and will generally contribute to desired decrease in fire hazard in the forest. 3. The removal of the subject tree will not significantly diminish the aesthetics or historical character of the site, adjoining properties or neighborhood. 4. The removal or relocation of a tree is reasonably necessary for the development, installation or construction on the subject property or site, or is otherwise necessary or important to the reasonable use or enjoyment of the site property. This standard is not met unless and until a building permit, when applicable, has been issued and development of the property has been approved to proceed. (2010 Code, amd. Ord. 15-005, 4-28-2015) 5. The removal or relocation of the subject tree is warranted by good forestry practice, including the consideration of the number, spacing and species of trees on the site or adjoining properties. Town staff may request the opinion of a qualified forester regarding the appropriateness of the selection of trees to be removed. (2010 Code, amd. Ord. 15-005, 4-28-2015) 6. The privacy or architectural relationships between existing or planned structures on the site with other structures, trees or tree groupings shall be considered. (2010 Code, amd. Ord. 15-005, 4-28-2015) 7. Full consideration has been given to the relocation, rather than removal, of healthy trees. 8. Slash shall be removed, burned (with permit required), or chipped and utilized on site. (2010 Code, amd. Ord. 15-005, 4-28-2015) 9. Re-vegetation and/or reforestation are considered and implemented where it is not in conflict with other Standards for Review. (2010 Code, amd. Ord. 15-005, 4-282015) D. Inspections: All tree removals shall be pre-inspected and shall be subject to inspection at all reasonable times by the Planning and Zoning Administrator, or designee. The permittee shall notify the Planning and Zoning Administrator, or designee, within three (3) business days of completion of the tree removal allowed under the permit. (amd. Ord. 21-006, 05-25-2021) E. Security For Completion: The permittee shall furnish and file with the Town Clerk appropriate security pursuant to section 9-13-7 of this title. The security shall cover costs of cleanup, restoration and/or re-vegetation of the area where trees are to be removed. F. Expiration: Unless a shorter time is stated in the tree removal permit when it is issued, all tree removal permits shall expire six (6) months after they are issued. All activities required or allowed by the permit, including cleanup, must be completed while the permit is in effect. Except with regard to required re-vegetation, upon expiration of the permit, all tree removal activities shall cease, and a new tree removal permit must be obtained by the applicant, before engaging in further tree removal activities. (2010 Code, amd. Ord. 15-005, 4-28-2015)