Attachment 9TOWN 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.
Sec. 29.10.0980.
Applications for a tree removal permit.
Sec 29.10.0982.
Applications for Heritage and large protected tree pruning permit
Sec. 29.10.0985.
Determination and conditions of permit.
Sec. 29.10.0987.
Special Provisions — Hillsides
Sec. 29.10.0990.
Standards of review.
Sec 29.10.0992.
Required Findings
Sec. 29.10.0994.
Additional procedures for Heritage and large protected tree removal or pruning permits
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 — Remedies for violation.
Sec. 29.10.1030.
Fees.
Sec. 29.10.1035.
Severability.
Sec. 29.10.1040.
Notices.
Sec. 29.10.1045.
Appeals.
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by many native and non - native
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
ATTACHMENT 9
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this division to preserve as many protected trees as possible throughout the Town through staff review
and the development review process. Special provisions regarding hillsides are included in Section
This section does not supersede the provisions
of this Code.
(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) that 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 parcel deemed to be the building envelope access shall not exceed ten 04feet in width.
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 FReans a tree, which s an imwinpRt h;;;ERrd or thFeAt to the safety of persons Gr-�
Development means any work upon any property in the Town which requires a subdivision,
rezoning planning permit, Gommunity-zone, 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 three -4.5 feet (3654 inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk diameters measured ahAvp the tri 1Rk i mion at 4.5 feet (54 inches)
above natural grade.
Director means the Director of Community
Development or the dDirector's designated representative.
Dripline area means the area
- .. -_- - -- I -
the diameter of the trunk, or the
perimeter of the tree canopy, whichever is greater.
community.
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Protected tree means a woody perennial plant, usually with one (1) main stem or tFURk, and Man
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, including
but not limited to such -as to: safety and risk reduction: clearance health maintenance Geatre4aesthetic
improvement: growth control: and to enhance performance or function by developing and preserving tree
structure and health. All pruning shall be in accordance with the current version of the International
Society of Arboriculture Best Management Practices —Tree Pruning and -(ANSI A300 -Part 1 Tree, Shrub
Public nuisance, , means any trees, shrubs, plants or parts thereof
growing in, or overhanging, a public street or right -of -way, OF Up9n PFivate praperty, interfering with the
use of any public street or public place in the Town, or trees which, in the opinion of the Ddirector,
endangers 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.
Remove means any of the following: (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.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity.
Significant impact on a property from a tree en- a- prepeRy -means an unreasonable interference with
the normal and intended use of the property. In determining 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
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condition can be corrected shall be considered. Normal maintenance, including but not limited to pruning
not requiring a permit under this division, and leaf removal and minor damage to paving or fences shall
not be considered when making a determination of significant impact.
Street tree means these -a trees in a public place, or along or within a public street or right -of -way.
maturity.
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 protection zone (TPZ) means the area of a temporary 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 before and after construction where no soil disturbance is permitted unless approved and
supervised by the certified or consulting arborist.
I Tree Risk Ratino means a cateqorization of risk based on an assessment of the likelihood of failure
Low.
Tree value standard means the method of appraising a tree's value to a property using the Ttrunk
Fformula Method or Replacement Cost Method as described in the most recent edition of the Guide for
Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species
Classification and Group Assignment by the Western Chapter of the International Society of Arboriculture
ILA).
Trunk flare means the area at the base of the plant's trunk where it broadens to form roots and is the
transition area between the root system and the trunk.
(Ord. No. 2114, §§ I, II, 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 i'r greater diameter (thirty -seven and one - half -inch
circumference) of any trunk, or in the case of multi -trunk trees, a total of haeWe- eighteen inches
"r?"; inshesor greater diameter nr mere of the rurn d ameteF (thirty and ^ ° cif iRGh
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eiream%rencefifty -six and one -half inch circumference) of the sum of all trunks, where such
trees are located on developed residential property.
(3) All trees of the following species which have an eight -inch or greater diameter (twenty- five -inch
circumference) located on developed residential oropert v:
a. Blue Oak (Quercus douglasii)
b. Black Oak (Quercus kellogii)
c. California Buckeye (Aesculus californica)
d. Pacific Madrone (Arbutus menziesip
(4) 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.
(5) 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 (26) of this section (e.g.,
landscape or site plans).
(6) Any tree that was required by the Town 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.
(6a) All tF . et-.q . ;vhir .1; have a four inGh GF greater diameter (twelve and GRP, half 'Reh C�irGLJFAferenre) 0
re ieGatpd on ;; VaGaRt l9t OF Undeveloped property.
(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 GGFnFB8FGial, OffiGe, or RdLis property other than
developed residential property.
(8) All publicly owned trees growing on Town lands, public places or in a up blic right -of -way
easement which have a four -inch or greater diameter (twelve and one half -inch circumference)
of any trunk.
(9) A protected tree may shall also include be a stand of trees, the nature of which makes each
dependent upon the other for the survival of the stand.
in Section 20.10.0994:
a. Heritage trees
b. Large protected trees
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0965. Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful for anyone:
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(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permit pursuant to this chapterde se.
to this chapter.
(4) To conduct severe pruning as defined in Sec 29 10 0955 without first obtaining a permit
pursuant to this chapter.
(52) For any person or business entity engaged in the business of removing trees or tree care to
obtaining a permit under this division. T114is-The permit shall be posted on -site at all times during
the removal or permitted pruning of a tree and must be made available upon request from the
Chief of Police, Code Compliance Officer, Director of Parks and Public Works Department, or
their designee.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0970. Exceptions.
The following trees 9AIR and re excepted from the provisions of this division and
may be removed or severely pruned without Town approval or issuance of a tree removal permit:
hp remnvnd without a permit an wder of the DirPGtQF Town MaRager, the Town ERgineer, the
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty- seven -inch
circumference).
(2) Any of the following trees that are less than 24 inches in diameter (75 inches in circumference):
Privet (Liqustrum lucidum)
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0975. Emergency action.
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including removal or severe pruning
If the dDirector determines that the condition was not reasonably determined to have been an
emergency requiring immediate action, the person responsible for removing or damaging the protected
tree shall be subject to fines and penalties as set forth in section 29.10.1025.
(Ord. No. 2114, §§ I, II, 5 -4 -03)
Sec. 29.10.0980. Applications for a tree removal or severe pruning permit.
Applications for a protected tree removal or severe pruning permit for trees on private property shall
be available from and filed with the GommuRity Develepment Depa#mepAlown as indicated on the
application. Application submittals for the removal of trees on public property (street trees) are provided
for in Shapter-Section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on
private propert y may be granted, denied or granted with conditions. Application submittals for removal or
severe pruninq of trees on private property shall include the following minimum information for staff
review:
(1) A completed tree removal application form, signed by the property owner 9F agent.
(2) A written explanation of why each tree(s) should be removed or pruned and how it meets the
Town's Standards of Review.
(3) Photograph(s) of the tree(s).
(4) If required by the Ddirector, 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 en-- sempany
lettefheadsigned by the arborist 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 one tree);
condition of health; condition of structure; and if hazard -tree risk findings apply, a m, R^'�zard
included in the report.
images, etc. may
addition to an arborist report This additional report shall describe what modifications to
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(5) Payment of Rpermit fee, as established by Town resolution.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec 2910 0982 Applications for Heritage and large protected tree pruning permit.
(1) A completed pruning permit application signed by the property owner.
(3) Photographs of the tree indicating as best possible where pruning is to occur
(4) If required by the Director, a certified or consulting arborist's written report describing the
proposed pruning.
directly caused by the tree.
(6) Payment of permit fee as established by Town resolution.
Sec. 29.10.0985. Determination and conditions of permit.
The Director shall determine whether to grant athe permit. The
dDirector 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 the deciding
body shall impose, except when removal is permitted if the tree is dead or a Tree Risk Rating of Extreme
or High is present. a ^^'�� 4Gn-exict =, 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
Director 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 Diresterof Barks
And Public WeFks Depa 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 or trees cannot be reasonably planted on the subject property,
shall be paid to the
to:
a. Add or replace trees on public property in the vicinity of the subject property; or
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b. Add or replace trees or landscaping on other Town propertyLor-. RePlaGWnent value of -a
c. Support the Town's urban forestry management program
'belew 12be4ew
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Table 3 -1 - Tree Canopy - Replacement Standard
Canopy Size of Removed Tree'
Replacement Single Family Residential
ReauirementZ'" Replacement Option;'9
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10 feet or less
Two 24 inch box trees --Ti-
wo 15 gallon trees
More than 10 feet to 25 feet
Three 24 inch box trees
Three 15 gallon trees
More than 25 feet to 40 feet
Four 24 inch box trees; or
Two 36 inch box trees
Four 15 gallon trees
More than 40 feet to 55 feet
Six 24 inch box trees; or
Three 36 inch box trees
Not Available
(Greater than 55 feet
Ten 24 inch box trees; or
Five 36 inch box trees
Not Available
Notes
'To measure an asymmetrical canopy of a tree the widest measurement shall be used to determine
canopy size.
residential shall be based on 24" box tree rates as adopted by Town Council.
°Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the
Sec. 29.10.0987. Special Provisions — Hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive
habitat which is also a key component of the Town's identity, character and charm. In order to
maintain and encourage restoration of the hillside environment to its natural state, the Town has
established the following special provisions for tree removal and replacement in the hillsides:
(2) All protected trees located within 30 feet of the primary residence that are removed shall be
replaced as follows:
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(c) Replacement trees listed in Appendix A may be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A may only be Planted within 30 feet of the
primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3-1 Tree Canopy
Replacement Standard of this Code.
environment.
Sec. 29.10.0990. Standards of review.
The Director or deciding body shall review €each application for a tree removal permit required by
this division shall be- feviewed using the following criteria standards of review. The standards of review
(1) The condition of the tree or trees with respect to_ (a]_disease, f tlimminent danger of falling, or
(c) structural failure, Ud proximity to existing or proposed structures
certified aFborqst,_Ue structural damage to a building, or (f) a public nuisance caused by a tree.
(2) The condition of the tree giving rise to the permit application cannot be reduced to a less than
significant level by the reasonable application of preservation, preventative measures or routine
maintenance.
(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
no protected tree shall l he FPFnayed uNess removal is unavoidable due to restricted access to
the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.). The tree
rAmoved shall he replaced dA aGGordanne with the standards an SeGtiaR 29.40.0985 of this GodA
Tree presewafion and prot8GWR measures for any let that 06 created by a proposed subdMsion
(6) Except for properties located within the hillsides Tthe retention of a protected tree would result
in reduction of the otherwise- permissible building envelope by more than twenty -five (25)
percent.
the Standards in seGtqOR 29.40.0995 Of this Code.
(7) The Hillside Development Standards and Guidelines, saFrent- versiea.
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's
aesthetic and biological 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 significant impact on the property. Significant impact from a
tree is defined in Sec. 29.10.0955. Definitions.
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(10) The species size (diameter, canopy, height) estimated age and location on the property of the
protected tree.
(Ord. No. 2114, §§ I, ll, 8 -4 -03)
Sec 29.10.0992 Required Findings
tree.
(8) The removal of the tree is unavoidable due to restricted access to the property.
(9) The removal of the tree is necessary to repair a geologic hazard.
(10) The removal of the tree and replacement with a more appropriate tree species will enhance the
Town's urban forest.
(j_These procedures are established for the review of Heritage tree and large protected tree
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concerns or problems.
((5) If a written objection is not filed within the ten -day period the permit will be issued If a written
obiection is filed and a resolution is found that meets all parties' concerns then the permit will
also be issued.
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building, grading 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) 1n- addttie�The location of all ether-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 (diameter, canopy, dripline area height) and location.
(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, II, 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 metal tag placed on each tree on site during the tree
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;
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(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 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 fop.varded tO the CIFF reviewed by the Town's consulting arborist
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 Sstandards 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;
(c) Tree preservation . 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
Ttree Rpreservation Rreport 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 Ttree Rpreservation Rreport 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
roo tect all trees recommended for preservation by the directerTown's consulting arborist. The
Town reviewing body may determine that -if any of the trees recommended for preservation
should be removed, if based upon the evidence submitted the reviewing body determines there
is evmd8AG8 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
replaeemenFvalue of all trees included in the tree report affected by the development that
are required to remain within the development using the Tree Value Standard methodology
as set forth in this Chapter. 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
I current edition of the "Guide for Plant Appraisal" published by the Council of Tree and
by the Western Chapter of under the auSPiGes of the International Society of Arboriculture.
The appraisal shall be performed at the applicant's expense, and the appraisal shall be
subject to the dDirector'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
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.
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(d) Prior to acceptance of proposed development or subdivision improvements, the developer shall
submit to the dDirector 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. For trsoc that =._ net d trees, hiGh were
Femoved, the developer shall pay a fine iR the amount equal to the appFaised value of the subject
tFee. For protected trees, which were removed, the developer shall pay a fiae- ep salty 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 ene4l-)five 5 years following acceptance of the public
improvements of the development or certificate of occupancy.
(e) PFeteGtive fGRGiRg iRSPeGt OR. Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the Bbuilding Ddepartment a written statement and
photographs verifying that the required tree protection fence is installed around street trees and
protected trees in accordance with the Ttree R2reservation Rreport.
(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;. A4Ive - {5) fjix (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 I: 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 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.
(3) Duration of Type I, Il, III fencing. Fencing shall be erected before demolition, grading or
construction begins permits are issued and remain in place until
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the work is completed. 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 equipment cleaning, or parking of vehicles inside_�within
the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the
construction.
(2) Prohibit all construction activities within the TPZ including but not limited to: excavation,
grading, drainage and leveling within the dripline of the tree unless approved by the dDirector.
(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.
(6) Retain the services of t4ea certified or consulting arborist who shall serve as the proiect arborist
for periodic monitoring of the project site and the health of those trees to be preserved. The
proiect arborist shall be present whenever activities occur which
may poses a potential threat to the health of the trees to be preserved and shall document all
site visits.
(7) The Ddirector 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, §§ 1, II, 8 -4 -03)
Sec. 29.10.1010. Pruning and maintenance.
and any special conditions as determined by the dDirector.
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 fert4izing-any
other work 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 dDirector 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 except where no other
alternative is available,- is prohibited.
Page 16
pruning permit shall include photographs indicating where pruning is proposed
obtaining a permit pursuant to this division.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1015. No limitation 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 or7 Chapter 26 of the Town
Code or the Hillside Development Standards and Guidelines;: tThe more protective requirements shall
prevail.
(Ord. No. 2114, §§ I, II, 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. Whenever an Enforcement Officer as defined in Sentinn 1 in 011; of thA TmAin
Whenever an Enforcement Officer charged with the enforcement of this Code determines that a
violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an
administrative citation to any person responsible for the violation.
(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 to the reasonable satisfaction of the Director. Mitigation measures as determined by
the dDirector 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 dDirector or forwarded to the Planning Commission with a recommendation for denial at
the dDirector's discretion. Mitigation measures as determined by the director may be imposed
as a condition of approval.
(3) Projects under construction.
Page 17
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 dDirector,
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
dDirector.
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 penalty as prescribed in
subsections (1a.) through (4) (d;).
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 Tree Replacement
Fund. 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 and the Species and Group Classification Guide published by
the Western Chapter of the International Society of Arboriculture.
c. If the court or the dDirector directs a replacement tree or trees to be planted as part of the
remedy tefor the violation, the trees shall be permanently maintained in a good and healthy
condition. The property owner shall execute a twe- yearfive 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, II, 8 -4 -03)
Page 18
Sec. 29.10.1030. Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall
accompany the removal or pruning 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
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, 8 -4 -03)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable Town
Code.
Sec. 29.10.1045. Appeals.
Any interested person may appeal a decision of the seeking the directory approval te PepReve -a
p• ^t^ ^t9 �.�t tree pursuant to this division who is aggF eved b 1 Feeler may appeal s44Gh
desisien in accordance with the procedures set forth in section 29.20.260 2�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)
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