Attachment 3 Part 2TOWN CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 2. TREE PROTECTION
Sec. 29.10.0950. Intent.
Sec. 29.10.0955. Definitions.
Sec. 29.10.0960. Scope of protected trees.
Sec. 29.10.0965. Prohibitions.
Sec. 29.10.0970. Exceptions.
Sec. 29.10.0975. Emergency action.
ISec 29.10.0980. Applications for a tree removal permit.
� eL i b 1 09 ppi „. fc r f 6 �. ,i k M I b 0 permit.
Sec. 29.10.0985. Determination and conditions of permit.
Sec. 29.10.0990. Standards of review.
Sec 29.10.0992. Required Findings
Sec. 29_10.0994, Additionalprocedures. for Heritaoe Tree removal or orunina oermils_.
Sec. 29.10.0995. Disclosure of information regarding existing trees.
Sec. 29.10.1000. New property development.
Sec. 29.10.1005. Protection of trees during construction.
Sec. 29.10.101a Pruning and maintenance.
Sec. 29.10.1015. No limitation of authority.
Sec. 29.10.1020. Responsibility for enforcement.
Sec. 29.10.1025. Enforcement— Remedies for violation.
Sec. 29.10.1030. Fees.
Sec. 29.10.1035. Severability.
Sec. 29. 10.'1040. Noiices.
Sec. 29.10.1045. Appeals,
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus,
Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and
welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic
beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute significantly to the value of land in the Town. It is the intent of this division to regulate the
removal of trees within the Town in order to retain as many trees as possible consistent with the purpose
of this section and the reasonable use of private property. It is the intent of this division to preserve as
many protected trees as possible throughout the Town through staff review and the development review
process. This section does not supersede the provisions of dwision Ghaotei 26 of this Code,
. ,ar Taw
Page 1
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0955, Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section.
Building envelope means the area of a parcel, that (1) upon which, under applicable zoning
regulations, a structure may be built outside of required 'setbacks without a variance or; (2)4t-necessary '
for the construction of primary access to structures located on the parcel, where there exists no feasible
means of access which would avoid protected trees. On single - family residential parcels, the portion of
the parcel deemed to be the building envelope access shall not exceed tenV0) (pet in width. r°
Certified or consulting arborist means an individual in the profession of arboriculture who, through
experience, education, and related training, possesses the competence to provide a tree report, tree
survey or supervise the care and maintenance of trees; and who is certified by the International Society of
Arboriculture, a member of the American Society of Consulting Arborists or approved by the director.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or property
as determined by a certified arborist or the -
Development means any work upon any property in the Town which requires a subdivision,
rezornrc, , variance, use permit, building permit, demolition permit,
grading permit or other Town approval or which involves excavation, landscaping, construction or clearing
and grubbing within the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be
made : 5 feet ( inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk s measured above - thelrw*unienat 4.5 feet (54 inches)
Director means the Director of Community Bevelepment: Brecfer Of Parks - 8446 -- Public -Wo"
yeeloi = - I the ,...irector's designated representative.
Dripline area means the area nruur (,.L v unx of the tree extending out a distance ten times w&4R X
distance trem the perimeferetrtheAa" of the 4ree al -ibree feet (36 inches)- abeve�atarat gr86e,- wt+ere -X
equals atklanse4enI irnes the diameter of the trunk;as+neasured at three - feet (I4iny -r x inches) or the
perimeter of the tree canopy, whichever is greater.
approved by the Town Arborist.
Protected free means a woody perennial plant, usually with one (1) main stem or trunk, and many
branches. It may appear to have several stems or trunks and is usually over ten (10) feet high at maturity.
A tree in the protected tree category means a tree regulated by the Town of Los GatosZ�as set forth in
Section. 29.10.0960, Scope of Protected Trees.
Pruning means the selective removal of plant parts to meet specific goals and objectives, including
but not limited to sas4as4e_ safely and risk r ,.,.. _ . +t_ _ -lance_ - ct+nKelaesthtyc
improvement, growth control; and to enhance performance or function by developing and preserving tree
structure and health All rp uning, shall be in accordance with the current version of the International
Page 2
Society of Arboriculture Best Management Practices —Tree Pruning ANSI A300 -Part 1 lee Shrub
aid Other Woody Plant Manaoemr = ;: actives SF;; ) fredased�y- pe „erAafona
Seriety of Arbehculkue ("S , (.,e ,.
-.
Public nuisance, as described is Sectie 6 40 —."6, means any trees, shrubs, plants or parts thereof F.k
growing in, or overhanging, a public streeJ,br right -of -way, or -upen private prop"; interfering with the '
use of an public street t r ublic plac 'in the Town, or trees which, in the opinion of the Ddirector,
% endanger the life, health, sa or, or property of any persons using such public street, or in such
public pl ce, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of
its diseased condition, is hereby declared to be a public nuisance. y
'Remove means an' "of the followin �! o
Y g: (1) Complete removal, such as cutting to the ground or
extraction, of a protected tree; (2) Taking any action foreseeably leading to the death of a tree or
permanent damage to its health; including but not limited to severe pruning, cutting, girdling, poisoning,
overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the
grade, or paving within the dripline area of a tree. ;
Severe pruning means to or removal of foliane nr kinrkficani ecaffnid Iambi n. L. w. �_.__
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity.
SlgWficant impackirom a trio ci a propert means an unreasonable interference with the normal
and intended use of the property. In de Inmg whether there is a significant impact, the typical longevity
of the subject tree species, the size of the tree relative to the property, and whether the condition can be 7
corrected shall be considered. Normal maintenance, including but not limited to, *pruning, -and leaf
removal and minor damage to paving or fences shall not be considered when making a determination of
significant impact. \
Street tree means lt)ose-freels in a public place, or along or within a public street or right -of -way.
Topping means the oracticP_ of nittfnn hack larr iiomnin.
ii_ a (-
Tree protection zone (TPZ) means the area ofortemporary. fenced tree enclosure under the tree's
dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted
activity zone where no soil disturbance is permitted unless approved and supervised by the certified or
consulting arborist.
Tree canopy replacement standard means a replacement tree formula to mitigate removal of a
,protected tree. The standard is based on measuring the widest distance across the canopy of a tree for
the purpose of determining the mitigating size and number of replacement trees.
Tree value standard means the method of appraising a tree's value to a property using the Tirunk
F_formula Method or Replacement Cost Met twd as described in the most recent edition of the Guide for
Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTL.A) and the Species
Classification and Group Assignment by the Western Chaplei of itie Internalionaf Socety of Arlwrists
I(,SA)
Undeveloped lot means•,any lot that is significantly under - developed or utilized against current
zoning. Parcels that feature ,toads, walls, landscaping or other such improvements are considered
undeveloped (See alse;- veoaht lot).
r'
Page 3
Vacant lot means any lot featuring existing development that is no longer occupied or otherwise used
in accordance with existing zoning. (See also, undeveloped lot)
(Ord. Pao. 2114, §§ I, il, 8 -4 -03)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every property owner and to every person, corporation, partnership, sole
proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees
protected by this division are:
(1) All trees which have a twelve -inch or greater diameter (thirty -seven and one - half -inch
circumference) of any trunk or in the case of multi -tnA trees a total of
( ) or greater diameter
of all trunks, where such
trees are located on developed residential property.
(2) All trees of the following species which have an eight -inch diameter (twenty- five -inch
circumference):
a. Blue Oak (Quercus douglasir)
b. Black Oak (Quercus kellogir)
c. California Buckeye (Aesculus californica)
d. Pacific Madrone (Arbutus menziesir)
(3) All trees which have a four -inch or greater diameter (twelve and one half -inch circumference) of
any trunk, when removal relates to any review for which zoning approval or subdivision approval
is required.
(4) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific
subject of such approval or otherwise covered by subsection ( ") of this section (e.g.,
landscape or site plans).
(5) Any tree that was required to be planted or retained by the terms and conditions of a
development application, building permit or subdivision approval in all zoning districts, tree
removal permit or code enforcement action.
(6) All trees which have a four -inch or greater diameter (twelve and one -half inch circumference) of
any trunk and are located on a vacant lot or undeveloped property. >C
(7) All trees, which have a four -inch or greater diameter (twelve and one half -inch circumference) of
any trunk and are located on developed commercial, office, or industrial property.
(8) All publicly owned trees growing on Town lands, public places or in aright -of -way easement,
....... ..... n f..,,. -inr•h nr nreater diameter ttweive and one _hall -inch circumterenc-ei of.any
(9) A protected tree may also be a stand of trees, the nature of which makes each dependent upon
the other for the survival of the stand.
.l_tU ,Merit Tre
Measurement of trunk diameter anti {circumference for the purpose of applying this section shall be
made throe (3)4_5 feet (54 inches) _above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk diameters a4M4.nv4- measured at:),&ve the Wjn4, un+o . at _4_S _ fee. t54
,nc.q above natural grade.
(Ord. No 2114, §§ I. II, 8 -4 -03)
Page 4
Zvi
Sec. 29.10.0965. Prohibitions,
Except as provided in section 29.10.0970, it shall be unlawful for- anyo,ar
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permi '�rit this cha_ uter40 &G.
I circumference) of a Heritage Tr"tHontfiMtobtatntrtls'a permit u�+ chaote�
(4) To conduct severe pruning as defined in Sec. 29 10 0955 u-
(5�) For any person or business entity engaged in the busmess,of removing trees or tree care to
remove-'e protected tree without a permit under this �rvisiWThis permit shall be on -site at all
times during th6'remoyat- of -ia-
ft e and must be made aiLailable upon request from the,-Chief-of
Police, Code Compliance Officer, Director of Parks and Public Works Department, or their
designee.
J (Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0970. Exceptions.
The followingtree removals and conditionAre excepted from the provisions of this s' ivision and may
be removed without Town approval or issuance of atree removal permit:
(1) Emergencies�lf the condition of a tree presents an immediate hazard to life or property, it may
be removed• without a permit on order of the o4ector Town Manager, the -Town- FAgineer the
A&AAiag4NfoGW the Parks and Public Works Director or a member of the police, fire, or
emergency personnel,
(2) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty- seven -inch
circumference).
(3) Any of the following trees that are less than 24 inches in diameter (75 inches in circumference).
(Ord. No. 2114, §§ I, II, 8 -4 -03)
\F
Sec. 29.10.0975. Emergency action.
A person may remove or severely prune a_protected tree without a permit if there is an emergency
caused by the protected tree being in a hazardous & dangerous condition requiring immediate
corrective action to abate the condition. In such event, the property owner or representative shall be
responsible for the following notification:
(1) Notify the Town Parks and Public Works Department during business hours or the/ Polic
Department after business hours ) prior to removal in order to confirm the emergency situ dpi# the Town'eenfirms,`the emergency situation�ursuant,to Section 29.10.0970 phoos
Page 5
documentation and written verification by the �)roperly.owner_ c tree service' removing the tree
wdl be required.
(2) After the abatement, no later than two days from the dale the tree was removed or severely
pruned because of the emergency, the property owner shall ,
submit to the • irector the documentation required above and in section 29.10.0980
If the irector determines that the condition was not ralf emergency requiring immediate action, the
person responsible for removing or damaging thepfotectei tree shall be subject to fines and penalties as
set forth in section 29.10.1025.
(Ord. No. 2114, §§ I. II, 8 -4 -03)
Sec. 29.10.0980. Applications for a tree removal of severe prunip-q permit.
Applications for a protected tree removal ors ver v r unrno permit for trees on private property shall
be available from and filed with the 3 i�eplopmeni is <, a . ;.t,, -
lip'cauu— Application submittals for the removal of trees on ublic property (street trees) are provided
for in Ghaptw Vic:: 26.10.060 of the Town Code. Applications for tree removal of srrvere D wung Uri
np vats propert y may be granted, denied or granted with conditions. Application submittals for f oval or
severe pruning p( trees on private property shall include the following minimum informatio for staff
91 law. ` t � 1 s- �
. ,
(1) A completed tree removal application form, signed by the property owne�iagenl.
(2) A written explanation of why each tree(s) should be removed or pruned and how it meets the
Town's +randard for a4ewablefemavalStandards of Review.
(3) Photograph(s) of the tree(s)
(4) If required by the irector, a certified or consulting arborist's written assessment of the tree's
disposition shall be provided for review by the Town. The report shall be on-company letterhead
and include tree size (diameter, height, crown spread); location on the site; numbered on a site
plan or arborists tree survey (if there is more than on .tree); condition of health; condition of
., structure; and if hazard tree _, findings apply, aR tSA 44aaard Rating - -e Tree Risk
etc. may
report.
(5'
directly caused by the tree
Pa men of Ppermit fee, as established by Town resolution.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec 29.10.0982. Applications for Heritage Tree pruning permit.
(11_ A com leted Heritage Tree pruning permit, signed by the properly owner.
Page 6
.P
Q) Photographs of the tree indicating as best possible where pruning is to occur.
(4) If required by. the Director, a certified of consullino arborist's written report tlescnbmg the
proposed pruning
f6P Payment of permit fee, as established by Town resolution
Sec. 29.10.0985. Determination and conditions of permit.
The B restor_of�emraiu ty Oevelepme Pyector shall determine whether to grant atog� permit. The
u director may consult with other Town departments or outside agencies at his /her discretion. When a
development application for any zoning approval, or subdivision of land, including lot line adjustment, is
under consideration by the Planning Commission, the determination on the tree removal permit shall be
made concurrently by the Planning Commission with the related matter. The Ddirector or th�,decidr g
body shall impose, except when removal is permitted if the tree is dead or a hazardeys-) condition
exists, as a condition on which a protected tree removal permit is granted that two or more replacement
trees of a species and a size designated by the the p, blic _ WWM
Depa4m"Director or desionee, shall be planted in the following order of preference:
(1) Two (2) or more replacement trees, of a species and size designated by the Direster- of -Pa4s
and - tout r I"4Xorke- Departa4f"Director, shall be planted on the subject private property. Table 3-
1 The Tree Canopy — Replacement Standard shall be used as a basis for this requirement. The
person requesting the permit shall pay the cost of purchasing and planting the replacement
trees.
(2) If a tree c, tees, cannot be reasonably planted on the subject property, an in-lieu payment in an
aMOUrt set fdnti by the Town Council by resolution shall be "AIQuesfdheFeFaoved_iree(s)
sirair f paid to the Town Fareetry Tree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property; or
b. Add or replace trees or landscaping on other Town property, or: RePtaGO)PAO t, value -a
bee �rsing the Mast - feeent edilien Of the A&aide4or-lolanl- Appraisal,
as
9FePar0d by th s CAunsit -ef TFAA aAd Land&sapa Appraiser
c. Support the Town's urban forestry management program
T �- 'T�y- RePia6ew 1-41amtard
Page 7
+ }Bfeet-- 2`l�eei
28 feeF -4B4eW
I 4B%e4 -- 5b4eet
S fi re-k 6e4eef
44w e.e44 4rwh43ox sire
Six-24 inc4� krex 3iae
i
1I -we44 ;n& bey andiw9
364neh b" PkK
WOW
Twe364nc -i+4 ( srze
7�vB- 4 & -inc -h �»i iite
Tiv6364Acti-b9x3iae
,Two 48 +Fick be s+ze
2bel9tiv
zbefBW
Table 3._1
:-able 4 -4,is a,FRBtNK 40rff Aa- +iGW49 trees Wlh- be-Fequired48rplaping4o
apgr9xira8te4he4eet canopy of the reraeved !Fee eve r 4he s9iuse of 4en 4 3 &- YearsAVW m9derate -sane.
f1i -Te Fneasure an- a&ymmelnsat sanepy -9f-a 4reer 4qe -w desi measareraent shalt -be -used 4s
determine sanepy s4e.
(24 - (Df {eR; -4 i5.net p000.o.o4e feptaoe- a- 6wfl@W- r--9idv -fr66 wlih -an eQuivalerit'tr6d(5}. -fR #MS
sale; 4he4ree sha'LA3e Fop 'aGediwtha sembinafien of bath the-TieeGaaeHY and-Tree Value
Standards as detwAined by Me4*eGw
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Table 3 -1 - Tree Canopy -_Replacement, tandard
canoDV Size of Removed Tree'
10 feet or less
More than 10 feet to 25 feet
More than 25 feet to 40 feet
More than 40 feet to 55-Le—et
Greater than 55 feet
Notes
Replacement
Requirement'"
Two 24 inch box trees
'Three 24 inch box trees
i
Four 24 inch box trees: or
Two 36 inch box trees
Six 24 inch box trees: or
Three 36 inch box trees
, Ten 24 inch box trees; or
Five 36 inch box trees
i Sineie Familv Residential
Replacement Option"
Two 15 gallon trees
Three 15 gallon trees
i Four 15 gallon trees
l
Not Available
Not Available
Page 8
__lo measure an asvmrrietrical canouv of-E, bre the widest measurement shall be used to determine
canopy size.
Sec. 29.10.0990. Standards of review.
i toe Director or deciding. bpd shall review 9each application for a tree removal permit required by
this division - u g the following criteria standards of review. The standards of review
(1) The condition of the tree or trees with respect to; (1disease, Ljimminent danger of falling, OF
(c) structural failure,ld_) proximity to existing or proposed structures used 49n a repari.drem a
segiiied- arBerisi,_ Us structural damage to a building, or
_f a public nuisance caused by a tree.
e�ivalerN. - • •
(2) The condition of the tree giving rise to the permit application cannot bePredrueed to'a less than
significant level by the reasonable application of preservation, preventative measures or routine
maintenance.
.l 1..�.a ..c ifs. (� -1
(3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent
with the neighborhood. `
(4) The number of trees the particular parcel can adequately support according to good urban
forestry practices, or whether a protected tree is a detriment to or crowding another protected
tree.
(5) In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a
rir protected tree sttati -be +erneved ainless+emevai is unavoidable due to restricted access to
the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), The#ee
rec»��edshallbereplaced ascerdansexit# the standards -4nssctiefl294Q.0986ofthiACode;
T+ee*resewaiier -anti weteetion measuFas ier anyaet that -is- created- -bya- pr6posed 5abdivisien
offand -shall eempiy ode,
(6) The retention of a protected tree would result in reduction of the otherwise- permissible building
envelope by more than twenty -five (25) percent. in such a rase- 44e - removal shati -be
send""'6d -upenfeplasemeat an ascordanse with the standard &+n sesNen 2- 9:368865 of-14is
h-
(7) The Hillside Development Standards and Guidelines, s tyersien.
Page 9
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's
aesthetic and b0logical significance; the topography of the land and the effect of the removal of
the tree on erosion, soil retention, or diversion or increased flow of surface waters.
(9) Whether the Protected Tree has a ognificant impact on the property__ S ijrq.6nt impact from a
tree is defined in Sec. 29 10.0955 [fehmUOns
(10) The specites. size,(diameter,.cano�yy,he+ ht �eshmated ace and location on the properiy_of the
protected [tree,
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Sec 29.10.0992 Required Findings
---LI1. The tree is dead, severely diseased decayed or disfigured to such an extent that the tree is
unable to recover or return to a healthv and structurally sound condition.
12 The tree or some of its maior component parts present a clear safety hazard that cannot be
controlled or remedied through preventative procedures or pruning within ISA guidelines
Q) The tree is crowding other protected trees to the extent that removal or severe pruning is
necessary to ensure the long -term viability of adjacent and more significant trees
) The retention of the protected tree would result in reduction of the otherwise - permissible building
envelope by more than twenty -five (25) percent.
(8) The removal of (he tree is unavoidable due to restricted access to the property.
m () _The removal of the tree is necessary to repair a geologic hazard.
Page 10
is
uruorerns.
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building, u —,rwo, or demolition
permit where no discretionary development approval is required, shall be accompanied by a signed
tree disclosure statement by the property owner or authorized agent which discloses whether any
protected trees exist on the property which is the subject of the application, and describing each
such tree, its species, size ometer, canopy dripline area, height) and location. This requirement
shall be met by including the following information on plans submitted in connection with the
development application.
(b) h4 +ti on, -tI he location of all r;t? : ; trees on the site and in the adjacent public right -of -way which
are within thirty (30) feet of the area proposed for development, and trees located on adjacent
property with canopies overhanging the project site, shall be shown on the plans, identified by
species, size tdiameter, canopy drioirne area heiahtl and location. r
(c) Within the dripline area or area that would affect a protected tree, the location of shrubs and other
vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further the purposes
of this division including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for
which the approval or permit is sought does not involve any change in building footprint nor any
grading, trenching or paving.
(f) Knowingly or negligently providing false or misleading information in response to this disclosure
requirement shall constitute a violation of this division.
(Ord. No. 2114, §§ I, It 8 -4 -03)
Sec, 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
removal of or impact to one or more _protected trees. The development application shall include a
Tree Survey Plan and Tree Preserrion Report based on this survey. The tree survey inventory
numbers shall correspond to a numbered metal tag placed on each tree on site during the tree
Page I1
survey. The tree survey plan shall be prepared by a certified or consulting arborisl, and shall include
the following information:
(1) Location of all existing trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentially be affected by the project (directly or indirectly -
immediately or in long term), such as upslope_grading or compaction outside of the dripline;
(3) Notation of all trees classified as protected : ,,a, _. - trees;
(4) In addition, for trees four (4) inches in digmeter or larger, the plan shall specify the precise
location of the trunk and crown spread, and the species, size 4diameter, height, crown spread)
and condition of the tree.
(b) The tree survey plan shall be forwarded to toe duec reviewed bv_ihe_Town_s consulting arbgrist
who shall, after making a field visit to the property, indicate in writing or as shown on approved plans,
which trees are recommended for preservation (based on a retention rating of high /moderate /low)
using, as a minimum, the �_.: tandards ; set forth in section 29.10.0990. This plan shall be
made par( of the staff report to the Town reviewing body upon its consideration of the application for
new property development;
(c), .,. <: „ ;. ,, When development impacts are within the dripline of or will affect any
�rgtected tree, the applicant shall provide a tree preservation report prepared by a certified or
consulting arborist. The report, based on the findings of the tree survey plan and other relevant
i information, shall be used to determine the health and structure of existing trees, the effects of the
proposed development and vegetation removal upon the trees, recommendations for specific
precautions necessary for their preservation during all phases of development (demolition, grading,
during construction, landscaping); and shall also indicate which trees are proposed for removal. The
ree !' :reservation a:eport shall stipulate a required tree protection zone (TPZ) for trees to be
retained, including street trees, protected trees and trees whose canopies are hanging over the
project site from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005;
(1) The final approved see I reservation At eport shall be included in the building permit set of
development plans and printed on a sheet tNled: Tree Preservation Instructions (Sheet T -1).
Sheet T -1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape,
irrigation) where tree impacts from improvements may be shown to occur;
kt
(2) The Town reviewing body through its site and design plan review shall endeavor to brerserve all
trees recommended for preservation by the he ; The Town
reviewing body may determine thdtt any of the trees recommended for preservation should be
removed, if there is evidence submitted, that due to special site grading or other unusual
characteristics associated with the property, the preservation of the tree(s) would significantly
preclude feasible development of the property as described in section 29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply
with the following requirements and conditions of approval:
a. The applicant shall, within ninety (90) days of final approval or prior to issuance of a
grading or building permit, whichever occurs first, secure an appraisal of the condition and
value of all trees included in the tree report affected by the development that
are required to remain within the development , " . i ;,'
r - z . -- . The appraisal of each tree shall recognize the location of the
tree in the proposed development. The appraisal shall be performed in accordance with the
current edition of the -Guide for Plant Appraisal , i ; ',
it
't'
the International Society of Arboriculture.
The appraisal shall be performed at the applicant's expense, and the appraisal shall be
subject to the : irector's approval.
b. The site or landscape plans shall indicate which trees are to be removed. However, the
plans do not constitute approval to remove a tree until a separate permit is granted. The
Page 12
Property owner or applicant shall obtain " rotected free removal permit, as outlined in
section 29.10.0980, for each tree to be removed to satisfy the purpose of this division.
(d) Prior to acceptance of proposed development or subdivision improvements, the developer shall
submit to thepector a final tree preservation report prepared by a certified or consulting arborist.
This report shat( consider all trees that were to remain within the development. The report shall note +
the trees' health in relation to the initially reported condition of the trees and shall note any changes
in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any
tree not previously approved for removal. For - trees that Aw ;wt _preteeted 4ress,_ which _ were
rernevsd; Ane developer shalt pay -a fine 4A44e anjeunt- quat4o Abe appraised;vaiue Al the subjeo l
tree: For _Rrotected trees, which were removed, the developer shall pay fine. in the amount of the
appraised value of such tree in addition to replacement requirembnts contained in section
29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all
trees within the development for a period of one (1) year following acceptance of the public
improvements of the development.
(e) Preteslive-fensing inspeetion Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the SWilding Ddepartment a written statement and z
ohotoeraohs verifying that�tequired tree protection fence is installed around street trees and
Protected trees in accordance with the Ttree Ppreservation Paeport.
(f) If required by the dDirector and conditioned as part of a discretionary approval, a security guarantee
shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the
applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five
thousand dollars ($5,000.00) for each tree required to be preserved, or twenty -five thousand dollars
($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of
one (1) year following acceptance of the public improvements for the development and shall be
forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the
event that a tree or trees required to be preserved are removed, destroyed or severely damaged.
(g) An applicant with a proposed development which requires underground utilities shall avoid the
installation of said utilities within the dripline of existing trees whenever possible. In the event that
this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by
hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of
existing trees shall be supervised at all times by a certified or consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply
with any development approval condition concerning preservation, protection, and maintenance of
any protected tree.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials:, A five (4 er -s5ix (6) foot high chain link fencing, mounted on two -inch
diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet
at no more than 10 -foot spacing. For paving area that will not be demolished and when
stipulated in a tree preservation plan, posts may be supported by a concrete base.
(2) Area type to be fenced. Type l: Enclosure with chain link fencing of either the entire dripline
area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist.
Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire
planter strip to the outer branches. Type 111: Protection for a tree located in a small planter
cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from
the ground to the first branch with 2 -inch wooden boards bound securely on the outside.
Caution shall be used to avoid damaging any bark or branches.
Page 13
(3) Duration of Type 1, II, III fencing. Fencing shall be erected before demolition, grading or
construction and remain in place until
Contractor shall first obtain the approval of the project arborist on record
prior to removing a tree protection fence.
(4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11 -inch sign stating:
'Warning —Tree Protection Zone -this fence shall not be removed and is subject to penalty
according to Town Code 29.10.1025 ".
(b) All persons, shall comply with the following precautions:
(1) Prior to the commencement of construction, install the fence at the dripline, or tree protection
zone (TPZ) when specified in an approved arborist report, around any tree and /or vegetation to
be retained which could be affected by the construction and prohibit any storage of construction
materials or other materials or vehicles inside the fence. The dripline shall not be altered in any
way so as to increase the encroachment of the construction.
(2) Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless
approved by the irector.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the
dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected
tree
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(8) Retain the services of r certified or consulting arborist
for periodic monitoring of the project site and the health of those trees to be preserved. The
t_ shall be present whenever activities occur which
pose a potential threat to the health of the trees to be preserved and shalt document all
Sit£ `1:z it ..
(7) The oArector and project arborist shall be notified of any damage that occurs to a protected
tree during construction so that proper treatment may be administered.
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Sec. 29.10.1010. Pruning and maintenance.
Woody Plant Management— Standard Practices. (Pruntnq) A4 pnining of protecled frees shall be
consistent with the current edition of Best A4anagenient Praclw4�, ,+ established by The
iiterriational Society of Arbor4culture {1SAy, and any special conditions as determined by the dnirector.
For developments, which require a tree preservation report, a certified or consulting arborist shall be in
reasonable charge of all activities involving protected trees, including pruning, cabling and
if specified.
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a protected tree shall obtain permission from the , irector before performing
any work, including pruning, which may cause injury to a protected tree. (e.g. cable TV /fiber
optic trenching, gas, water, sewer trench, etc.).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance
with the current version of the American National Standards Institute (ANSI) A300 (Part 1)-
Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning, exceu wnerc no_u_;Ie
:r is prohibited.
Page 14
greater than foar (4) inch
pm
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1015. No limitaVon,of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title
29 (Zoning Regulations), Title 26 (Trees and Shrubs) or the Hillside Development Standards and
Guidelines to require trees and other plants to be identified, retained, protected, and /or planted as
conditions of the approval of development. In the event of conflict between provisions of this division and
conditions of any permit or other approval granted pursuant to Chapter 29, Chapter 26 of the Town Code
or Hillside Development Standards and Guidelines, the more protective requirements shall prevail.
(Ord No. 2114, §§ I, ll, 8 -4 -03)
Sec. 29.10.1020. Responsibility for enforcement.
All officers and employees of the Town shall report violations of this division to the Director of
Community Development, who shall enforce this division. Issuance of citations may be delegated the,
following: Director of Parks and Public Works, Code Compliance Officer, Town Arborist and Towr1 Peace `
Officers.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1025. Enforcement— Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following
remedies shall be available to the Town for violation of this division:
(1) Tree removals in absence of or in anticipation of development. If a violation occurs in the
absence of or prior to proposed development, then discretionary applications and /or building
permit applications will not be accepted or processed by the Town until the violation has been
remedied. Mitigation measures as determined by the director may be imposed as a condition of
any subsequent application approval or permit for development on the subject property.
(2) Pending development applications. Incomplete applications will not be processed further until
the violation has been remedied. If an application has been deemed complete, it may be denied
by the director or forwarded to the Planning Commission with a recommendation for denial at
the director's discretion. Mitigation measures as determined by the director may be imposed as
a condition of approval.
(3) Projects under construction.
a. If a violation occurs during construction, the Town may issue a stop work order suspending
and prohibiting further activity on the property pursuant to the grading, demolition, and /or
building permit(s) (including construction, inspection, and issuance of certificates of
occupancy) until a mitigation plan has been filed with and approved by the director, agreed
to in writing by the property owner(s) or the applicant(s) or both, and either implemented or
guaranteed by the posting of adequate security in the discretion of the director.
Page 15
J
b. The violation of any provisions in this division during the conduct by any person of a tree
removal, landscaping, construction or other business in the Town shall constitute grounds
for revocation of any business license issued to such person.
(4) Mitigation plans. A mitigation plan shall include specific measures for the protection of any
remaining trees on the property, and shall provide for the replacement of each tree that was
removed in the same location as the removed tree or as determined by the Director of
Community Development, or by the Director of Parks and Public Works, if replacement is to
occur on public property. The replacement ratio shall be at a greater ratio than that required in
accordance with the standards set forth in section 29.10.0985 of this division.
(5) Civil penalties.
Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have
violated section 29.10.0965 shall be liable to pay the Town a civil penally as prescribed in
subsections : through
a. As part of a civil action brought by the Town, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this division a civil penalty in
an amount not to exceed five thousand dollars per violation.
b. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in
an amount not to exceed five thousand dollars per tree unlawfully removed, or the
replacement value of each such tree, whichever amount is higher. Such amount shall be
payable to the Town and deposited into the ,1
Replacement value for the purposes of this section shall be determined utilizing the
most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree
and Landscape Appraisers
c. If the court or director directs a replacement tree or trees to be planted as part of remedy to
the violation, the trees shall be permanently maintained in a good and healthy condition.
The properly owner shall execute a two -year written maintenance agreement with the
Town.
d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys'
fees.
(6) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the
cessation of such violation.
(7) Costs. In any civil action brought pursuant to this division in which the Town prevails, the court
shall award to the Town all costs of investigation and preparation for trial, the costs of trial,
reasonable expenses including overhead and administrative costs incurred in prosecuting the
action, and reasonable attorney fees.
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Sec. 29.10.1030. Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall
accompany the removal c, permit application submitted to the Town for review and evaluation
pursuant to this division.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1035, Severability.
If any provision of this division or the application thereof to any person or circumstance is held to be
invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this
Page 16
division which can be given effect without the invalid provision or application, and to this end the
provisions of this division are declared to be severable.
(Ord. No. 2114, §§ I, II, 8A -03)
Sec. 29.10.1040. Notices.
Ali notices required under this division shall conform to nottcinq provisions of the applicable Town
Code
Sec. 29.10.1045. Appeals.
.: ..nf ?,t j,
Any,pefsdh seeking the director's approval to remove a protected tree pursuant to this division who
is aggrieved by a decision of the.c. rector may appeal such decision in accordance with the procedures
set forth in section 29.20.255 of the Town Code. All appeals shall_comply with the public noticing
Provisions of section 29.20.450 of the Town Code.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
RNDE VAORDSt20151PCExhlbit 3- Proposed Amendments Chapter 29.dccx
Page 17
This Page
Intentionally
Left Blank
i
V- nfy\1S`,iooe 'S
C ; fr rme,<At�
(1) Damage, cut, carve or injure the bark of any street tree;
(2) Attach any sign, wire or injurious material to any street tree;
(3) Cause or permit any wire charged with electricity to come in contact with any street tree;
(4) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots,
leaves, bark or any part of any street tree;
(5) Construct concrete, asphalt or brick paving, or otherwise fill up the ground area, within four (4)
feet of any tree, so as to shut off air, light or water from its roots, without written permission from
the Director.
(Code 1968, § 31 -11)
Sec. 26.10.055. Certain trees, etc. eclared a public nuisance.
i=) _ Any trees, shrubs, plan or parts thereof growing in, or overhanging, a public street o+ r,ur,t_o -r ay.
ar ,+pa,4 cxejate .p; y .. interfering with the use of any public street or public place in the Town, or
trees which, in the opinion of the Director, endanger the life, health, safety, comfort or property of
any persons using such public street, or in such public place, because of the tree's or shrub's
location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared
to be a public nuisance.
it)) Any Sweet Gum PLguidarnbar svracifiva) planted in a Parkway strip that has Created, or will
imminently create. Persistent and uncontrollable damage to the sidewalk curb and Putter pavement,
or adiacent private property that cannot be,reasonably remedied through root pruning of other
accepted arboricultural means is hereby declared to be a Public nuisance
(Code 1968, § 31 -12)
Sec. 26.10.060. Maintenance and removal of trees
.O VV
(a) The to < , aevp .} t.,�•,� 4A' s,y a�a a arrue�an{ >�,JeuarirpeM of Faihs aiid P blic 4V��k_ serer €FS
i
is responsible for inspection, maintenance, removal and replacement of all trees in public areas and
Uparkways. No person shall trim or prune any tree in the public right -of -way without written
authorization from the Director. When a tree in a parkway does not constitute an immediate danger
to persons or property, the Director shall not remove it without giving at least ten (10) days' written
notice to the owner of the property, or if the tree is located on a parkway owned in fee by the Town,
to the owner of the nearest abutting property, and posting notice of removal on or near the tree.
(b) Maintenance of trees, as authorized in subsection (a) of this section includes, but is not limited to,
root pruning to prevent damage to sidewalks and curbs or to permit repair of such damage, and
pruning of limbs to compensate for root removal.
(c) The Director may remove limbs from any tree regardless of the location of the tree upon a finding
that the removal is necessary in the interest of public safety. If such tree is on private property and
does not come within the provisions of section 26.30.010, the Director shall not remove any such
limbs without giving at least ten (10) days' written notice to the owner of the property, and posting
notice of removal on or near the tree.
(d) Nothing in this chapter shall be deemed to impose any liability upon any member of the Town
Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of
any private property from the duty to keep the property, and the sidewalks and parkway in front of
the property in a safe condition, and not hazardous for public travel.
Page 4
111 1 he tree is dead severely diseased decayed or disc,Qured to such an extent that the tree is
unable to recover or return to a healthy and structurally sound conditiom
tree.
ree. w,.T., {1% W
t '
17) The removal of the tree is necessary to repair a aeglogic hazard.
Sec. 26.110.065. Obstructions at corners of intersecting streets.
The owner or occupant of any corner lot or premises in the Town shall keep trees, hedges and
growth at the corners of intersecting streets, whether between the curb line and the private lot line, or
within the private lot or premises, so trimmed that the height of the same shall not exceed three (3) feet
above the curb level for a distance of thirty (30) feet measured horizontally in any direction from the point
of intersection of the property lines at street corners; provided, that trees whose main trunks are exposed
to a height of seven and one -half (7'/) feet above the curb need not be so trimmed or cut.
(Code 1965, § 31 -15)
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and
26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e),
and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the
Parks Commission. Appeals shall be commenced by filing a written notice of appeal with the
Secretary of the Parks Commission within ten (10) days after the property owner or possessor of
land is notified of the decision. The notice of appeal shall state the name and address of the
appellant, the location of the tree, including the street address of the property most likely to assist in
Page 6
(3L Photographs 01 the tree indicaling as best Possible where pruning is to occur
L) It required by the Director, a certified or consulltng arbortsls written report describing the
proposed pruning
(e)_ _Payment of bermil fee as established by Town resolution
Sec. 29.10.0985. Determination and conditions of permit.
The o testa c ,, ty y t �lDire qi shall determine whether to grant atns permit. The
riuirector may consult with other Town departments or outside agencies at his /her discretion. When a
development application for an zoning g a pproval, or subdivision of land, including lot line adjustment, is
under consideration by the Planning Commission, the determination on the tree removal permit shall be
made concurrently by the Planning Commission with the related matter. The pdirector or the deciding
body shall impose, except when removal is permitted if the tree is dead or a ha2ardous -high risk condition
exists, as a condition on which a protected tree removal permit is granted that two or more replacement
trees of a species and a size designated by the tpe .g#eeter- -ef- -Aa*s- grid- d§sb4t��Nerks
De6ararneratDirector or designee, shall be planted in the following order of preference:
(1) Two (2) or more replacement trees, of a species and size designated by the 04'9 ioref -park-
an4 PA+ c Ne" 9epagmemDirector, shall be planted on the subject private property. Table 3-
1 The Tree Canopy — Replacement Standard shall be used as a basis for this requirement. The
person requesting the permit shall pay the cost of purchasing and planting the replacement
trees.
(2) If a tree or trees cannot be reasonably planted on the subject property, an in -lieu Payment in ar
amount set forth by the Town Council by resolution shall be the
salt be -paid to the Town Fsfestry Fap .Tree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property; or
b. Add or replace trees or landscaping on other Town propertyor: Re6tacemeet yakie of a
tree °usiHg ifte mast recer�t�+N+>n et- thaGuide der PiaAt-Appraisal. -&s
eanrika,gppraisat s
c_ Support the Town's urban forestry management program
Iable-a- a__zseeanepy geptaeernewtstandard
Crew -a - 12 4
IA4er4a4ve4ree
Fpaafir» era ista,,ce- accessµ enepy) 1itPe+
i' i+� rgae 3g +riep box sfae
i
Page 7
J
10 feel Y'T 4eE! �
1
I
s6teet 60t_p T1�P'C��HC� TVIe
�Ct i `_ `
1iwe 49-ineh-0e), si?
69 fee! i }below.
xv 8& hem s
I
Iwe4A LR04t3e4S42
i Y1MV "�OinEh'tlOnsii�e
I
Using -Table 3-4
Table- 347_+ 6a 4nalr4x- fermula- asetl #066will -be4 Sato+ teeing -io
aPProxiraate- the- Ies"anePY of iA *04*ved4ree Over -Ahe source -0 - 04) Y�m
(44- Te'rneas4xe- a0- asyaune#4sal sanG" of --a ArOe', the wriest measOro+ee -0184 iced io
dowmine canoPY s +ze
(24- -Otter; A as -Fret p966ible4e-rePlaso-a V144ife4acge; �Ider free- with
'10- aleru keeks) : 414x6
case, the tree �p _be f8plaeed'^"u' -a sembinaUQ4n of befh"Tree- Gan8pyand Tree uatoe
Sianddard€as-determ+ned by*%4k40uU 4,
(Ord. No. 2114, §§ I, II, 8-4 -03)
ITable 3- 1_Tree Canopy - Replacement Standard
S
Canopy Size of Removed Tree' Replacement Single Family Residential I
I Requirements'' Replacement Ogtion3' ,
10 feet or less !Two 24 inch box trees i Two 15 gallon trees
I'
More -than 10 feet to 25 feet Three 24 inch box trees' Three 15 gallon trees
IMore than 25 feet to 40 feet Four 24 inch box trees; of Four 15 gallon trees
! Two 36 inch box trees I
IMore than 40 feet to 55 feet Six 24 inch box trees; or Not Available
;Three 36 inch box trees
Greater than 55 feet Ten 24 inch box trees; or Not Available
Five 36 inch box trees
Notes
S Page 8
�� U
-J� r #1 LL r ) 82, c- e—P
or./ Me i I 'CA rtog -� r pj<�
survey. The tree survey plan shall be prepared by a certified or consulting arborist, and shall include
the following information:
(1) Location of all existing trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentially be affected by the project (directly or indirectly -
immediately or irAong term), such as upslope grading or compaction outside of the dripline;
(3) Notation of all trees classified as protected or Hentaoe trees;
(4) In addition, for trees four (4) inches in diameter or larger, the plan shall specify the precise
location of the trunk and crown spread, and the species, size (diameter, height, crown spread)
and condition of the tree.
(b) The tree survey plan shall be terwarded..10 the t#irecterreviewed by the Town's consahna arbonst
who shall, after making a field visit to the property, indicate In writing or as shown on approved plans,
which trees are recommended for preservation (based on a retention rating of high /moderate /low)
using, as a minimum, the 5ttandards of Review set forth in section 29.10.0990. This plan shall be
made part of the staff report to the Town reviewing body upon its consideration of the application for
new property development;
(e) �-t x - :.:, +3 raga When development Impacts are within the dripline of or will affect any
protected tree, the applicant shall provide a tree preservation report prepared by a certified or
consulting arborist. The report, based on the findings of the tree survey plan and other relevant
information, shall be used to determine the health and structure of existing trees, the effects of the
proposed development and vegetation removal upon the trees, recommendations for specific
precautions necessary for their preservation during all phases of development (demolition, grading,
during construction, landscaping); and shall also indicate which trees are proposed for removal. The
' - =ree P reservation Rieport shall stipulate a required tree protection zone (TPZ) for trees to be
retained, including street trees, protected trees and trees whose canopies are hanging over the
project site from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005;
(1) The final approved a tree #'?Lreservation i;ieport shall be included in the building permit set of
development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T -1).
Sheet T -1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape,
irrigation) where tree impacts from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to preserve all
trees recommended for preservation by the iOVV consJlJi A,bunsi. The Town
reviewing body may determine that any of the trees recommended for preservation should be
removed, if there is evidence submitted, that due to special site grading or other unusual
characteristics associated with the properly, the preservation of the tree(s) would significantly
preclude feasible development of the property as described in section 29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply
with the following requirements and conditions of approval:
a. The applicant shall, within ninety (90) days of final approval or prior to issuance of a
grading or building permit, whichever occurs first, secure an appraisal of the condition and
t,"Fce;oesa; value of all trees included in the tree report affected by the development that
are required to remain within the development usisio the ( ree Val,re_Siand d itieihOdoloa.
a yet `nriF ys G'naev. The appraisal of each tree shall recognize the location of the
tree in the proposed development. The appraisal shall be performed in accordance with the
current edition of the "Guide for Plant Appraisal` published by the Council of Tree and
Landscape Aoraisers ( TLA) and the Species and Group Classificalion Guide published
by the Western Chapter of urger- iheaasprssssf the International Society of Arboriculture.
The appraisal shall be performed at the applicant's expense, and the appraisal shall be
subject to the d 'irector's approval.
b. The site or landscape plans shall indicate which trees are to be removed. However, the
plans do not constitute approval to remove a tree until a separate permit is granted. The
Page 12
property owner or applicant shall obtain a protected tree removal permit, as outlined in
section 29.10.0980, for each tree to be removed to satisfy the purpose of this division.
(d) Prior to acceptance of proposed development or subdivision improvements, the developer shall
submit to the director a final tree preservation report prepared by a certified or consulting arborist.
This report shall consider all trees that were to remain within the development. The report shall note
the trees' health in relation to the initially reported condition of the trees and shall note any changes
in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any
tree not previously approved for removal. Fer iAMM 4 +at are - het steri
trees;- w4+>sh- were.
O�aeleKtal4s4he- a96r3i6efl- vaWE- 61-- IMe- sk�l
For protected trees, which were removed, the developer shall pay a fine in the amount of the
appraised value of such tree in addition to replacement requirements contained in section
29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all
trees within the development for a period of one (1) year following acceptance of the public
improvements of the development.
(e) z ;_,, IF, ,: , Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the r,%uilding - .epartment a written statement __
r verifying that the required tree protection fence is installed around street trees and
protected trees in accordance with the ' -ree ° .reservation eport. _C�._
(f) If required by the t.Jrector and conditioned as art of a discretiona approval, a securit uarantee
s a e o e own. nor to a issuance of any permit allovtnng cons ruc on to begin, the
to the Director, in the penal sum of five
applicant shall post cash, bond or other security satisfactory
thousand dollars ($5,000.00) for each tree required to be preserved, or twenty -five thousand dollars
($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period r
one (1) ear f I . g acceptance of the public improvements for the development and shall be
o of a in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the
event that a tree or trees required to be preserved are removed, destroyed or severely damaged.
(g) An applicant with a proposed development which requires underground utilities shall avoid the
installation of said utilities within the dripline of existing trees whenever possible. In the event that
this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by
hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of
existing trees shall be supervised at all times by a certified or consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply
with any development approval condition concerning preservation, protection, and maintenance of
any protected tree.
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Sec. 29.10.1405. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials sr : = I r,;>ix (8) foot high chain link fencing, mounted on two -inch
diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet
at no more than 10 -foot spacing. For paving area that will not be demolished and when
stipulated in a tree preservation plan, posts may be supported by a concrete base.
(2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline
area or at the tree protection zone (TPZ), when specked by a certified or consulting arborist.
Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire
planter strip to the outer branches. Type III: Protection for a tree located in a small planter
cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from
the ground to the first branch with 2 -inch wooden boards bound securely on the outside.
Caution shall be used to avoid damaging any bark or branches.
Page 13
(d)
(e)
(g)
(h)
property owner or applicant shall obtain a protected tree removal permit, as outlined in
section 29.10.0980, for each tree to be removed to satisfy the purpose of this division.
Prior to acceptance of proposed development or subdivision improvements, the developer shall
submit to the director a final tree preservation report prepared by a certified or consulting arborist.
This report shall consider all trees that were to remain within the development. The report shall note
the trees' health in relation to the initially reported condition of the trees and shall note any changes
in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any
tree not previously approved for removal. ins
,�..:;`•. IN 6 �.y. Ai}r.l. -a' c= f' e rr !k c £•xxPt, -:�
For protected trees, which were removed, the developer shall pay a fine in the amount of the
appraised value of such tree in addition to replacement requirements contained in section
29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all
trees within the development for a period of one (1) year following acceptance of the public
improvements of the development.
'`e<eota"e- tencu�g- mspe"on Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the duuilding g epartment a written statement anc
photographs verifying that the required tree protection fence is installed around street trees and
protected trees in accordance with the free Ppreservation #;report.
by the dDirector and
- ° - upw issuance OT any permit allowing cons ruc ron to begin, the
applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five
thousand dollars ($5,000.00) for each tree required to be preserved, or twenty -five thousand dollars
($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of
one (1) ear loll 9 acceptance of the public improvements for the development and shall be
fo—Fr eeii ee in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the
event that a tree or trees required to be preserved are removed, destroyed or severely damaged.
An applicant with a proposed development which requires underground utilities shall avoid the
installation of said utilities within the dripline of existing trees whenever possible. In the event that
this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by
hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of
existing trees shall be supervised at all times by a certified or consulting arborist.
It shall be a violation of this division for any property owner or agent of the owner to fail to comply
with any development approval condition concerning preservation, protection, and maintenance of
any protected tree.
(Ord, No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.5005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials A 4vc (3) (� =Six (6) foot high chain link fencing, mounted on two -inch
diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet
at no more than 10 -foot spacing. For paving area that will not be demolished and when
stipulated in a tree preservation plan, posts may be supported by a concrete base.
(2) Area type to be fenced. Type 1: Enclosure with chain link fencing of either the entire dripline
area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist.
Type It: Enclosure for street trees located in a planter strip: chain link fence around the entire
planter strip to the outer branches. Type III: Protection for a tree located in a small planter
cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from
the ground to the first branch with 2 -inch wooden boards bound securely on the outside.
Caution shall be used to avoid damaging any bark or branches.
Page 13
f
Action Items
E. Tree Protection Ordinance Update
Mr. Kass, Special Projects Manager, provided the Commission with a report
on the upcoming update to the Town's Tree Protection Ordinance. Mr. Kass
requested input from the Commission, which provided the following comments:
• Supported a simplified process for removal of nuisance trees, and requested
that staff include exploring eucalyptus trees as a nuisance.
• Supported a more restrictive and "intelligent' process for Heritage Tree
pruning and removal requests.
• Requested that the Commission have a representative on any committee or
board that may be established by the Council to evaluate and make
recommendations for individual Heritage Tree designation.
• Provide links on the Town's website to information on tree care and proper
pruning methods.
• Expressed the importance of educating Town residents on proper tree
selection and planting, with particular attention to future impact on view/
sheds and solar installations of neighboring properties. P
COMMISSION /COMMITTEE MEETING REPORTS q
A. Beautification Committee (Itsjel nson)
Commissioner Corenson provided an update from the 26 °i
Beautification Comrnittee meeting, which covered: • Power washing of sidewalks
• Cleaning of garbage cans
• Trail cleanup of garbage can lids f
• Students can receive community service credit for volunteering
K Goals Committee (Gordon/PPW Staff)
No report given. C, CJ,
C. Bicycle Advisory Committee (Scott)
No report given.
g. ADJOURNMF,NT
The meeting was adjourned at 7:42 p.m.
PA0, 1
To: Planning Commission
Re: Proposed amendments to Chapter 29 - Tree Protection Ordinance, 2/11/2015
From: Dave Weissman 2/10/2015
I have reviewed the Planning Commission Staff Report and find it a good
beginning. It does address many concerns about those trees within the Town's non -
hillside areas and should make many citizen's lives easier.
But the Los Gatos hillside's trees and environment are a different issue, and
should be addressed differently and separately from those of the flatlands. For
example, while many species of non - native trees may be suitable for the flatlands,
this is not the situation for the hillsides.
I thus recommend the following:
1. Chapter 29 proposed revisions should be referred to the General Plan Committee
where interested and knowledgeable citizens can interface with staff and any
concerned TC members and revise this document. A PC meeting is not a suitable
venue for such a discussion. Such a process was successfully followed in 2003 when
the current Tree Protection Ordinance was last revised.
2. This General Plan
given
A. Chapter 29 should be divided into two sections: one concerned with trees
in the hillsides (as defined by the map on page 8 of the HDS &G) and the second
section concerned with non - hillside trees.
U..,, an error[ to r rove enforcement of Section 29, the attached "flow
diagram" or a modification thereof, should be considered in an effort to expedite
enforcement and make penalties more objective and uniform.
Additionally the staff report notes that there have been no public comments
on these proposed amendments. This lack of response does not reflect a lack of
interest but the fact that these documents have been almost totally unavailable for
review or comments
I will briefly speak at the PC meeting and can answer any questions this letter
may generate.
Dave Weissman
..lir Y
f ti /
Sec. 29.10.1045, Appeals
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus,
Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and
welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic
beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute significantly to the value of land in the Town, it is the intent of this division to regulate the
removal of trees within the Town In order to retain as many trees as possible consistent with the purpose
Of this section and the reasonable use of privet® property. It is it* intent of this division to preserve as
many protected trees o possible throughout the Town through staff review and the development review
Process. This section does not supersede the provisions of
26 of this Code.
�eWN 0 TOWN OF LOS GATOS
� � r�
Mary Badame
TOWN
CODE
�. PI ANNI�e COMMISSO](N
Chapter 29- ZONING
REGULt 14
ARTICLE I. - IN GENERAL
I to g. Mpltd Sl ReEr. lOS enrol. 05 54750
-�sva
DAVfSI ®N - TREEPRO ECTIoN
retcrnEMn i�(w)5354 ^Ec4opN1OS�a���:�sa
See. 29.10.o950. intent. *
Sec.
co A, Lit t /lGVt We1SS7YtU✓iS SbIje hwu
29.10.0955. Definitions,
Sec.
7nG� G S2rA/44 .fech'on S%taold b C
cope
29.10.0960. Scope of protected trees.
Sec. 29.10.0965. Prohibitions.
C04'tsid"'i'd )�'( frer.5 !Yt hllls1 *J of
Sec. 29.10.0970. Exceptions.
dtAinctbA IA ribs Ij // , -nnefs ILA
Sec. 29.10.0975. Emergency action.
:ttlls"A eAVIYOhmeeltl EADLA Gt ht At4bVtfjeq
Sec. 29.10.0980. Applications for a free removal permit.ara
SVIO Ah -fybM fAayt of-�lu�1 J4r~ vii.
Sec. 29.10. 0985. Determination and conditions of permit
52
GlrtS na+ r,+cej -illy :11 U S44)
9.10.0990. Standards of review.
,51
TN GP 00PAM t J
Sec. 29.10.0995. Disclosure of information regarding existing trees
Sec. 29.10,1000. New property development.
Sec. 29.10.1005. Protection of trees during construction.
Sec. 29.10.1010. Pruning and maintenance.
Sec. 29.10,1015. No limitation of authority.
Sec. 29,10.1020. Responsibility for enforcement.
Sec. 29.10.1025. Enforcement— Remedfss for violation.
Sec. 29.10.1030. Fees.
Sec. 29.10.1035. Severability.
Sec. 29.10.1045, Appeals
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus,
Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and
welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic
beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute significantly to the value of land in the Town, it is the intent of this division to regulate the
removal of trees within the Town In order to retain as many trees as possible consistent with the purpose
Of this section and the reasonable use of privet® property. It is it* intent of this division to preserve as
many protected trees o possible throughout the Town through staff review and the development review
Process. This section does not supersede the provisions of
26 of this Code.
h Q; f w)
Deg* • s �
kwrd
if✓trrtedtwt hutwrd (rod+ s
hi3h runic (p
(Ord. No. 2114, §§ I, II, 8-4 -03)
sr1,R twlit lNV41 PI )
See. 29.10.0955. Definitions,
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section• under applicable zoning
Building envelope means the area of a parcel that (1) upon which,
reguistions, a structure may be built outside of required setbacks without a variance or; (2) Is necessary
for the construction of Primary access to structures located on the parcel, where there exists no feasible
means of access which would avoid protected trees. On single - family residential parcels, the portion of
the pare deemed to be the building envelope access shall not exceed ten (10) feet In width.
Certified or consutting arborist means an individual i ecel lance to of provide autree report hale
experience, education, and related training, Possesses
survey or supervise the care and maintenance of trees; and who is certified by the International Society of
Arboriculture, a member of the American Society of Consulting Arborists or approved by the director.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or property
as determined by a certified adwist or the
Development means any work upon any property in the Town which requires a subdivision,
variance, use permit, building permit, demolition permit,
grading permit-or other Town approval or which involves excavation, landscaping, constructer or clearing
and grubbing within the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be
made feet ( inches) above natural grade. Measurement of multi- trunked trees shall' be
determined by the sum of all trunk a measured --
Dbactor means the Director of Community
the irector's designated representative.
Drlpline area means the area
the diameter of the trunk
emovt. DrStgnuhJr, or con5iilP /tlrsl�Il,lrtt�r� 1x1�� 4xN111
,r
protected free means a woody perennial plant, usually with one (1) main stem or trunk, and many
branches. it may appear to have several stems or trunks and is usually over ten (10) feet high at maturity.
A tree in the protected tree category means a tree regulated by the Town of Los Gatos (as set forth In
Section. 29.10.0960, Scope of Protected Trees.)
Pruning means the selective removal of plant parts to meet specific goals and objectives
enhance performance or function by developing and preserving tree
growth and
stru re and health in accordance with the current version of the
Htflt*T Tet mew's A'+' *cc. of hislanL SI4„t4:4W4t us n1 tree hik"Itle2
htstarlc vallxt related {� the herttwc� of 16 Taw' arc( eles110-ted
b & ors iyfifvt Tbwn CotknO tYian recontmerd0lin of t4IL
jrb(tL'-/KefVdf%Jn CaM NOtet
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building or demolition
Permit where no discretionary development approval Is required, shall be accompanied by a signed
tree disclosure statement by the property owner or authorized agent which discloses whether any
Protected trees exist on the property which is the subject of the application, and describing each
such tree, its species, size (diameter, canopy dripline area, height) and location. This requirement
shall be met by including the following information on plans submitted In connection with the
development application.
(b) ; . , he location of ali - trees on the site and in the adjacent public right -of -way which
are within thirty (30) feet of the area proposed for development, and trees located on adjacent
Property with canopies overhanging the project site, shall be shown on the plans, identified by
species
(c) Within the dripiine area or area that would affect a protected tree, the location of shrubs and other
vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further the purposes
of this division Including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for
which the approval or permit is sought does not involve any change in building footprint nor any
grading, trenching ur {raving.
(f) Knowingly or negligently providing false or misleading Information in response to this disclosure
requirement shall constitute a violation of this division.
(Ord. No. 2114, §§ I, il, 8 -4 -03)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
removal of or impact to one or more protected trees. The development application shall include a
Tree Survey Plan and Tree Preservation Report based on this survey. The tree survey inventory
numbers shall correspond to a numbered metsi tag placed on each tree on site during the tree
Page 11
PROPOSED CODE AMENDMENTS
CHAPTER 26 TRESS AND SHRUBS
CHAPTER 29 TREE PROTECTION
Submitted
By
Charles Erekson
Los Gatos Planning Commission
Sec. 26.10.010 and 26.10.040
The definition of Street trees in 26.10.010 reads "... those trees in a public place, or along or within a
public street."
The text of 26.10.040 reads in part "No person shall plant or set out any tree in or along a public street
without first filing an application and procuring a written permit to do so from the Director."
What is the intended meaning of "along a public street "? Within the public right -of -way /easement?
Sec 29.10.0955
The use of "Heritage Tree" as another category of protected tree is an inappropriate use of the term
"heritage ". Heritage generally refers to something handed down from one's ancestors or the past with
some historical significance. In addition to the misuse of the term "heritage" to refer to protected
trees, trees which are truly "heritage trees" ... those with historical significance ... are not protected
under the Code.
I would suggest [1] expanding the definition of protected tree to encompass the trees specified in the
proposed definition of heritage trees and [2] developing a more appropriate definition of heritage
trees to protect those with historical significance. Perhaps the Historic Preservation Committee could
be helpful in crafting such a definition.
Sec 29.10.0992
Consider adding a required finding to this section similar to 26.10.063(11).
Sec 29.10.1045
Appeals of decisions of the Director covered by Chapter 26 are appealed to the Parks Commission
and then to the Town Council. Should appeals of the Director covered by Chapter 29 also be
appealed to the Parks Commission and then to the Town Council ... and not the Planning
Commission?
Should native species have some explicit protection under Chapters 26 and 29?
�owH Op TOWN OF LOS GATOS
TOWN CODE Mary Badame
1L`. .. PL.WNIAU COMp959pV FM
Chapter 29 - ZONING REGUU .....
ARTICLE 1. - IN GENERAL
DlNfSION2 of n1n,N aosrfa.Fa a rn% 1N,,,a54 5V1
TREE PROrECTIOU C,.EruoNE. i moeu,pose os =zr
EMAIL. r '
Sec. 29.10.0950. Intent. :0ntrttitr /javit Welssmorls sugyrsfial�
Sec. 29.10.0955. Definitions. Q t
4k SQC j,an S%1dN�(f }jc
Sec. 29.10.0950. Scope of protected trees.
Sec. 29.10,0965. Prohibitions. C01151Dt'411 ra/ fyees /Ih hl115) *J aS
Sec. 29.10,0970. Exceptions. (�tsrrlYla�1� �„ hA$ +G, 77eeS IYI
Sec. 29" 10.0975. Emergency action. IWISIA eAV1Y0hAV,117 ,SADLAIcA �h!t �+aGi,tV4tSjr-,+
Sec. 29.10. 0960. Applications for a tree removal Permit. Stpaia}t �M .�bok of rIAy)Gnl{1,
. I r Vf4l( e" Io wh-o v\ '7z l
Sec" 29.10. 0985. Determination and condRions of permR, S� CCtTts Ila" A*tesrwdt / J hLI U ))n)
Sec. 29.10.0990. Standards of review. T►y Gib fidyvUA }-W .
Sec. 29.10.0995. Disclosure of information
regarding existing trees.
Sec. 29.10.1000. New property development.
Sec. 29.10.1005. Protection of trees during construction.
Sec. 29.10.1010. Pruning and maintenance.
Sec. 29.10.1015. No limitation of authority.
Sec. 29.10.1020. Responsibility for enforcement.
Sec. 29.10.1025. Enforcement— Remedles for violation.
Sec. 29.10.1030. Fees.
Sec. 29.10.1035. Severability.
Sec. 29.10.1045. Appeals
See. 29.10.0950, Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus,
Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and
welfare of the citizens of the Town require that these trees be saved In order to preserve the scenic
beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and do of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute significantly to the value of land in the Town. It is the intent of this division to regulate the
removal of trees within the Town In order to retain as many trees as possible consistent wQh the purpose
Of this section and the reasonable use of private pro is ti1e intent of this division to preserve as
many protected trees as possible throughout the Town through staff review and the development revi ew
Process. This section does not supersede the provisions of
,'__26 of this Code.
err s
Page 1
im�rv�i+ hazard �4� a )
immedttttr' hauvd ((((p ffi
hl5kk 1,11K p
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sn haft
See. 29.10.0955. Definklons
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them In this section. under applicable zoning
Building envelope means the area of ir parcel that {1) upon which.
regulations, a structure may be built outside of required setbacks without a variance or; (2) Is necessary
means of access which would avoid protected
trees. On single-family yrresidwhere l parcels, the portion � of
the pare deemed to be the building envelope access shall Trot exceed ten (10) feet In width. through
Certified or consulting arborist means an individual in Me profession of arboriculture who,
experience, education, and related training, possesses the competence to provide a tree report, tree
survey or supervise the care and maintenance of trees: and who is carted by the International Society of
Arboriculture, a member of the American Society of Consulting Arborists or approved by the director.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or Property
as determined by a certified arborist or the
Development means any work upon any property in the Town which requires a subdivision.
variance, use permit, building permit, demolition permit,
grading permit or other Town approval or which involves excavation, landscaping, construction or clearing
and grubbing within the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be
Imade feet l - inches) above natural grade. Measurement of multi franked trees shall be
determined by the sum of all trunk s measured
Director, means the Director of Communttyne
the Irectors designated repress
A.
Dripline area means the area
the diameter of the trunk
G aT S14 "
� ' "�- {remove jkstgncrf`rv.1 or cor,5 t'tk/
Protected tree means a woody perennial plant, usually with one (1) main stem or tru nk, and many
branches. It may appear to have several stems or trunks and is usually over ten (10) feet high at maturity.
A tree in the protected tree category means a bee regulated by the Town of Los Gatos (as eel forth in
Section. 29.10.0960, Scope of Protected Trees.)
Pruning means the selective removal of plant parts to meet specific goals and objectives,
nh m accord
growth performance or function by developing and preserving tree
ance with the current version of the
an e
�afro re and health
e�tia Teet vans tuvi *cc, of hisla(tL 510"i cnct 4s a free `Jlk-Ltla2
hl'stotic, valut rcia ed f
44 hslrta6y of +6 Town and 065
b anion, of b Town C4u^f4'1 tfavn recoMme Kahl fi Df t
�)-fonL (4eserva�)r C)&Wfte
CWfJ�Ji
(3"alte#eti 7,tht�
within 15-0
Sec. 29.10.0995. Disclosure of information regarding existing trees.
1 (a) Any application for a discretionary development approval, or for a building or demolition
Permit where no discretionary development approval is required, shall be accompanied by a signed
tree disclosure statement by the property owner or authorized agent which discloses whether any
Protected trees exist on the Property which is the subject of the appiication, and describing each
such tree, its species, size (diameter, canopy dripline area, height) and (option. This requirement
shall p met by including the following information on plans submitted In connection with the
development application.
1 (b) , ! he location of all : .,.:; -trees on the site and in the adjacent public right -of -way which
are within thirty (30) feet of the area proposed for development, and trees located on adjacent
property with canopies overhanging the project site, shall be shown on the plans, identified by
species
(e) Within the drpline area or area that would affect a protected tree, the location of shrubs and other
vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further the purposes
of this division Including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for
which the approval or permit is sought does not involve any change in building footprint nor any
grading, treneiirig ur craving.
(f) Knowingly or negligently providing false or misleading Information in response to this disclosure
requirement shall constitute a violation of this division.
(Ord. No, 2114, §§ I, II, 8 -0 -03)
Sec. 29.10.1000. New Property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
removal of or impact to one or more protected trees. The development application shall include a
Tree Survey Plan and Tree Preservation Report based on this survey. The tree survey inventory
numbers shall correspond to a numbered metal tag placed on each tree on site during the tree
Page 11
This Page
Intentionally
Left Blank