(1) A Type C9 permit shall be obtained before any tree within the opened right-of-way is trimmed, removed or replaced by other than county personnel; except a permit is not required if the removal is associated with construction authorized under another permit.
(2) The county engineer may require that a tree be removed from the opened right-of-way under any of the following circumstances:
(a) If a tree is dead or dying or is damaged by storm, accident or disease as to be beyond the point of recovery.
(b) If a tree has damaged the roadway facilities (including but not limited to the sidewalk, curb, culvert and pavement) and further damage cannot be prevented by reasonable tree maintenance procedures, such as root pruning or sidewalk/curb realignment.
(c) If a tree constitutes a hazard to the public welfare.
(d) If a tree constitutes an impediment to the approved development of adjacent property.
(3) The county engineer may approve the removal of a tree from within the opened right-of-way in conjunction with an approved roadway improvement project.
(4) When the county engineer requires removal of a tree pursuant to subsection (2) of this section, and the tree at issue was planted by a current or previous owner of the property adjacent to the opened right-of-way, removal of the tree shall be the responsibility of the current owner of the property adjacent to the opened right-of-way, who shall bear all costs of the removal and the associated restoration of the opened right-of-way. In the event that a property owner fails to respond to a request for removal or fails to remove the tree, the county engineer shall have the authority to perform such removal at the property owner’s expense.
(5) When a tree has been removed from the opened right-of-way without a permit, the engineer shall have the authority to require the responsible property owner to replace that tree with another comparable tree at the owner’s sole expense. The planting of the replacement tree may require a Type C3 permit and shall comply with SCC 30.25.015 (General landscaping requirements) and the EDDS.
(6) The need for stump removal will be considered in conjunction with tree cutting within the opened right-of-way. The engineer may determine what stumps, if any, must or may be removed.