Attachment 10To: Town Council, meeting of May 19, 2015
Re: Revision of Tree Protection Ordinance, Chapter 29
From: Dave Weissman, May 10, 2015
It has been a pleasure working with staff to revise this document. In recent
discussions with staff, after the Planning Commission approval of the draft on March
25, 2015, we have agreed that clarity can be improved in Sec. 29.10.1025 by
rearrangement of some wording and linkage. The proposed changes, from what the
PC approved, are shown below in underline. We have merely moved section (4)
from its original position in the text, and appended it to the end of sections (1), (2),
and (3) since it applies to each type of violation and is the crux of the enforcement.
We emphasize that these changes are not new language but simply the moving
around of sentences within this section to make the linkage more clear and
emphatic. Here is the section in its entirety so that the recommended changes are
easy to see.
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 Director may
be imposed as a condition of any subsequent application approval or permit for
development on the subject property. 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 hillside tree that was removed illegally with a
new tree(s) in the same location(s) as those illegally removed tree(s). The
replacement ratio shall be at a greater ratio than that required in accordance with
the standards set forth in Sec. 29.10.0985 of this division. If the court or the Director
ATTAR Eli T 1 0
directs a replacement tree or trees to be planted as part of the remedy for the
violation, the trees shall be permanently maintained in a good and healthy
condition. The property owner shall execute a five -year written maintenance
agreement with the Town. For those trees on public property, replacement is to be
determined by the Director of Community Development or by the Director of Parks
and Public Works.
(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. 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
hillside tree that was removed illegally with a new tree(s) in the same location(s) as
those illegally removed tree(s). The replacement ratio shall be at a greater ratio than
that required in accordance with the standards set forth in Sec. 29.10.0985 of this
division. If the court or the Director directs a replacement tree or trees to be planted
as part of the remedy for the violation the trees shall be permanently maintained in
a good and healthy condition. The property owner shall execute a five -year written
maintenance agreement with the Town. For those trees on public property,
replacement is to be determined by the Director of Community Development or by
the Director of Parks and Public Works.
(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 at the discretion of
the Director. 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 hillside tree that was removed
illegally with a new tree(s) in the same location(sl as those illegally
removed trees) The replacement ratio shall be at a greater ratio
than that required in accordance with the standards set forth in Sec
29.10.0985 of this division. If the court or the Director directs a
replacement tree or trees to be planted as part of the remedy for the
violation the trees shall be permanently maintained in a good and
healthy condition The property owner shall execute a five -year
written maintenance agreement with the Town For those trees on
public property replacement is to be determined by the Director of
Community Development or by the Director of Parks and Public
Works.
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) his section can now be deleted since repeated above under (1), (2), and
13-q
The rest in unchanged but (5), (6), and (7) will need to be renumbered since
(.f ") Is ehnllnaaed.
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