§ 8107-25.5. Minimum requirements for tree alteration, felling or removal without a tree permit.

Except as provided in Sec. 8107-25.4, the alteration, felling or removal of Protected Trees may occur without a Tree Permit under the following circumstances, and in accordance with the following standards. Said alterations shall be performed by the property owner or resident with the owner's consent, or by a qualified tree trimmer. For all the following trimming and pruning, ISA standards shall be used and in all such cases climbing spurs shall not be used:

(Am. Ord. 4092—6/27/95)

a.

Cases of emergency where the Planning Director or his designee, or any employee of a government authority or special district, in the performance of his or her duties determines that a tree or its limbs pose an imminent threat to the public safety or general welfare or the health of the tree. If conditions and circumstances allow, the public official shall consult with the Planning Director or designee prior to ordering the trimming, felling, or removal of any Protected Tree for the above reasons. Subsequent to the emergency action, copies of the work orders or reports will be provided to the Planning Director within 30 days, describing the action taken and the nature of the emergency.

(Am. Ord. 4092—6/27/95)

b.

Pruning and trimming of any size dead limb or root tissue.

c.

Pruning and trimming of living limbs and roots, each of which is less than 20% of the tree trunk's girth, provided such trimming does not endanger the life of the tree, result in an imbalance in structure, or remove more than 20% of its canopy or the root system.

(Am. Ord. 4092—6/27/95)

d.

Pruning and trimming living limbs which exceed the size set forth in "c" above provided such alteration is justified in writing by a qualified tree consultant, and is intended to promote the health of the tree.

(Add Ord. 4092—6/27/95)

e.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by a Public Utility Company or its contractors for the purpose of protecting the public and maintaining adequate clearance from public utility conduits and facilities.

(Am. Ord. 4092—6/27/95)

f.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Public Works Agency or its contractors for the purpose of:

(Am. Ord. 4092—6/27/95)

(1)

maintaining safety,

(2)

providing for the flow of vehicular and pedestrian traffic,

(3)

providing for the flow of flood waters in Flood Control rights-of-way, or

(4)

constructing and maintaining improvements within the public right-of-way.

g.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by any park or school district, or the Ventura County General Services Agency or its contractors, for the purpose of maintaining safety or improving structural integrity or balance of trees on County, school, or park district properties.

(Am. Ord. 4092—6/27/95)

h.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Fire Protection District and its contractors for the purpose of providing fire protection when said District determines there is no reasonable alternative.

(Am. Ord. 4092—6/27/95)

i.

Pruning and trimming of living limbs and roots for non-commercial purposes or for any commercial agricultural operation on lots less than ten (10) acres zoned R-A or R-E for any reason not specified in "a" through "g" above, shall be conducted or supervised by a qualified tree consultant.

(Am. Ord. 4092—6/27/95)

j.

Pruning and trimming living limbs and roots for necessary agricultural operations, which exceed the size set forth in "c" above of protected trees located on land zoned A-E, O-S or T-P. Such pruning for necessary agricultural operations in the R-A or R-E zones is allowed only if a minimum of ten acres is used for commercial agricultural purposes.

k.

The felling or removal of five (5) or fewer Protected Trees in any 12 consecutive month period beginning with the date of the first tree removal for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture on land under the same contiguous ownership provided that:

(Am. Ord. 4092—6/27/95)

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be removed are not classified as heritage or historical,

(3)

There is a farm plan for any expansion or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.

l.

The removal of any naturally fallen trees and/or the felling and subsequent removal of standing, certifiably dead, trees. Certification by a qualified tree consultant or objective data confirming that a standing tree is dead shall be submitted to the Planning Director upon his request.

(Am. Ord. 4092—6/27/95)