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• Redefine specimen tree" to be based on specific tree characteristics vs. the current procedure. which is to require a special action of the Board to designate a particular tree as a specimen tree before anv added protection measures can apply. • Increase "specimen treeprotection requirements. • Clarify tree removal exemption categories (particularly the agricultural exemption). • Define a "critical root zone" for trees to be protected. with the radial size of the critical root zone depending on tree characteristics such as tree type (species) age. and health (condition). Increase penalties for illegal u-ee removal from the current S500 per tree to S1.000 per nee (for non specimen protected trees) and to S5.000 per tree (tor specimen trees). ANAi YSI! Adequacy of the existing ordinance The County first adopted its tree protection ordinance in 19S3: the ordinance has remained relatively the same since that time. In 1990. however. a significant change to the ordinance occurred when the Count. redefined "protected tree" to be more encompassing by reducing the size threshold from S" diameter to 4" diameter. The County has also taken significant steps to preserve comununiries of natne trees. via the County's native upland plant communities I5°0 set-aside requirement. as well as through the County s environmental lands acquisition program. In addition. the County has strengthened its landscape ordinance requirements over the years to provide incentives for the planting of native trees associated with new development. Notwithstanding the Countv's successes in protecting existing native trees and promoting the piannng of native trees. a number of tree removal violations this past year have brought attention to cenain inadequacies in the County's tree protection requirements. From a staff perspective. there are two main issues: (1) adequacy of protection of a trees critical root zone" from construction disturbance. and (2) adequacy of enforcement and penalties. Critical Root Zone Measured from the base of a tree, a "critical root zone" is a radial area that warrants protection from construction disturbance to ensure survival of the tree. The current tree protection ordinance identifies a tree "protected area" (comparable to a "critical root zone") as based upon the tree "species. age, site. condition of the tree, or soil condition. topography. means of protective barrier proposed. or other relevant criteria ... In no event shall the protected area be less than mt area measured jive 15) legit radially from the center of the tree at its base fatless expressly determined by the environmental planner that a smaller specified protected area may be established.' The problem with the current "protected area" as described is that the ordinance does not provide specific guidance on how to determine the appropriate size of the area. given a particular circumstance. To address that issue. staff has researched other ordinances and studies. and is proposing use of the attached tables. which contain specific criteria for determining the critical root zone. It should be noted. however. that by strictly defining how a critical root zone is determined. the current flexibility of the ordinance in establishing the size of the zone) will be lost. As a result. more trees may actually be reproved because of the loss of flexibility that nov. allows for attempts to save trees in "tight quarters." Nevertheless. -the new approach would result in better protection of those trees that are able to be saved in the context of development. Enforcement and Penalties As previously indicated. the County has had success in protecting native trees. The issue. however. is to reduce the failures. Although the majority of developers are diligent in their compliance .with county tree February 13, 2001 85 BK 117PG097