ORDINANCE NO. ____

AN ORDINANCE AMENDING THE TREE PRESERVATION AND PROTECTION CHAPTER OF THE ASHLAND MUNICIPAL CODE (CHAPTER 18.61) BY ADDING PROVISIONS TO FURTHER PROTECT HERITAGE TREES

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Section 18.61.025.E of the Ashland Municipal Code is amended to read:

SECTION 18.61.025 Heritage Trees.

A. The City of Ashland recognizes that specific trees in Ashland are deserving of special status due to distinctive form, size, age, location, species, unique qualities, or historical significance.

B. Any person may nominate, with the written consent of the property owner, a mature tree for consideration as a Heritage Tree. This nomination shall include all information necessary for evaluation based on the items described in section A above. The Tree Commission shall review all nominations and shall make a written final recommendation to the City Council. The City Council shall review the recommendation and make the final determination for Heritage Tree status.

C. Should the Council approve the nomination, the tree shall be included on the Heritage Tree list adopted by resolution of the City Council. The property owner shall be notified of the Council's action.

D. Once designated, a Heritage Tree shall be subject to the applicable provisions of this ordinance.

E. A Heritage Tree may be removed from the list by the City Council upon its own motion, or a Heritage Tree shall be removed from the list upon written request by the property owner. A request by the owner must state the reasons for removal from the list and be filed with the city recorder. The city recorder shall then remove the Heritage Tree from the list and cause to be filed with the county recording office a quitclaim deed quitclaiming any interest of the city resulting from the listing.

SECTION 2. Section 18.61.042.D of the Ashland Municipal Code is amended to read:\

D. TREE REMOVAL - STAFF PERMIT:
	1.	Tree Removal-Staff Permits are required for the following activities:
	0a.	Removal of trees greater than 6" DBH on any private lands zoned C-l, E-l, M-l, or HC.
	0b.	Removal of trees greater than 6" DBH on multi-family residentially zoned lots (R-2, R-3, and R-1-3.5) not occupied solely by a single family detached dwelling.
	0c.	Removal of significant trees on vacant property zoned for residential purposes including but not limited to R-l, RR, WR, and NM zones.
	0d.	Removal of significant trees on lands zoned SO, on lands under the control of the Ashland School District, or on lands under the control of the City of Ashland.
	0e.	Removal of a currently listed heritage tree.

The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 21st day of December, 2004, and duly PASSED and ADOPTED this _____ day of _________, 2005.

Barbara M. Christensen, City Recorder

SIGNED and APPROVED this ____ day of _______, 2005.
John W. Morrison, Mayor

Reviewed as to form:
Michael Franell, City Attorney

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