Ord 2570 - TMC Chapter 18.54 "Tree Regulations" - Urban Forestry and Trees

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E. The applicant shall at all times protect improvements to adjacent properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A. All Tree Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree permits expire one year after the date the permit is issued. Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 14 of 21