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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C16-4. Exceptions.

Except in the case of heritage trees, no permit shall be required from the Planning Office for the cutting, removal, destruction, or pruning of a tree in the following circumstances:

(a) The tree is (1) irreversibly diseased, is dead, or is dying (a determination by a licensed arborist, tree surgeon, or forester may be required to verify that a tree is diseased or dying); or (2) the tree is substantially damaged from natural causes. A tree shall be found to be substantially damaged when one-third or more of the tree has been destroyed or must be removed.

(b) Tree cutting to remove a hazard to life and personal property as determined by the Planning Director, or his or her designee. In the case of an emergency or dangerous condition of a tree requiring immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this part, except that the person responsible for the cutting or removal of the trees shall report such action to the Planning Director or his or her designee within five working days thereafter.

It shall be the responsibility of the property owner or other person responsible for removing the tree to demonstrate that any tree removed without a permit was irreversibly diseased, substantially damaged, or presented an imminent danger to human life or safety or to property. Credible evidence shall include, but shall not be limited to, a photograph, video, or written opinion of an arborist, forester, or other expert qualified to render such an opinion. Such reports are to be obtained at the expense of the applicant. If possible, request verbal permission from the Planning Director or his or her designee before taking any action. Note: In the case of a road right-of-way, refer to the Road Commissioner or his or her designee.

(c) Trees planted, grown and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farm.

(d) Trees in the active production of agriculture or orchard production, where there is no active plan to convert the property to another use.

(e) Tree removal necessary to carry out building site approval or other land use application approved by the County. However, no removal shall be permitted until such grading or building permit has been issued by the County as indicated on approved plans. The number of trees cut may not exceed the minimum number necessary to carry out the permitted action.

(f) Maintenance work within public utility easements.

(g) Trees removed or pruned as part of maintenance of County parks under established policies and procedures of the Parks and Recreation Department.

(h) Trees removed or pruned as part of maintenance of County right-of-way under established policies and procedures of the Department of Roads and Airports.

(i) Trees removed on properties with a comprehensive vegetative management program approved by the County.

(Ord. No. NS-1203.107, § 1, 2-11-97)

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