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HomeMy WebLinkAbout138-89 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: ) ) Adding a New Chapter 56 to ) ORDINANCE NO. 138 Title 8 of the Municipal Code ) Regarding Tree Preservation ) ) The Town Council of the Town of Danville does ordain as follows: SECTION 1. A new Chapter 56, Tree Preservation, comprised of Sections 8-5601 through 8-5608, is added to Title 8 (Planning and Land Use) of the Danville Municipal Code to read as follows: "Chapter 56 Tree Preservation Section 8-5601 Intent Section 8-5602 Definitions Section 8-5603 Permit Required; Exceptions; Penalty Section 8-5604 Permit Application Section 8-5605 Decision Regarding Permit Section 8-5606 Appeal Section 8-5607 Memorial Trees Section 8-5608 Tree Protection During Development Section 8-5601. Intent. The Town of Danville contains several species of native trees which are of great beauty and significance. The health and welfare of the citizens of the Town require that these trees be saved and maintained 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 and maintain climatic balance. Trees contribute significantly to the value of land in Town. It is the intent of this chapter to regulate the removal or alteration of trees in order to retain as many trees as possible consistent with the purpose of this chapter and the reasonable use of private property. Section 8-5602. Definitions. In this chapter: (a) "Memorial tree" is a tree planted on public property in memorial to or commemoration of an individual. PAGE 1 OF ORDINANCE NO. 138 (b) "New development potential" means property zoned for residential or non-residential use which has not been developed with residential or non-residential structures as of the effective date of this ordinance. (c) "Protected tree" includes any of the following: (1) Any of the following native trees having a trunk or main stem which measures 10 inches or greater in diameter measured three feet above natural grade on any type of lot or property: Coast Live Oak (QUERCUS AGRIFOLIA) Valley Oak (QUERCUS LOBATA) Canyon Live Oak (QUERCUS CHRYSOLEPIS) Blue Oak (QUERCUS DOULGASII) California Black Oak (QUERCUS KELLOGGII) Interior Live Oak (QUERCUS WISLIZENII) White Alder (ALNUS RHOMBIFOLIA) California Bay (UMBELLULARIA CALIFORNIA) California Sycamore (PLATNUS RACEMOSA) Madrone (ARBUTUS MENZIESII) Coast Redwood (SEQUOIA SEMPERVIRENS) (2) A tree shown to be preserved on an approved development plan or required to be retained as a condition of approval. (3) A tree required to be planted as a replacement for an unlawfully removed tree. (4) A memorial tree. (d) "At risk tree" means a tree which could be destroyed during the course of new development, but which may be saved as a result adjustments or special design consideration incorporated into development plans for a specific property. "At risk" trees are specifically designated to promote innovative techniques in preserving trees which are marginally savable, without penalizing the owner or developer in the event that such measures are not possible. (e) "Tree" means a live woody plant having a single perennial stem or a multistemmed perennial plant with a definitely formed crown, and which is over ten feet at maturity. This definition does not include trees planted, grown and held for sale by licensed nurseries. PAGE 2 OF ORDINANCE NO. 138 (f) "Tree removal" means the removal or destruction of a tree. Section 8-5603. Permit Required; Exceptions; Penalty. (a) Permit. Except as provided in subsection (b), no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Department pursuant to Section 8-5604. (b) Exceptions. A tree removal permit is not required for the following: (1) If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit, but with the approval of the City Engineer, chief of Planning, Maintenance Director, Police Chief, Fire Chief or their designated representative. (2) A tree whose removal was specifically approved as part of an approved development plan, subdivision map or grading permit. (c) Penalty. (1) A person who removes or destroys a protected tree is subject to the penalties of section 8-5608 (e) (Penalty). Section 8-5604. Permit Application. An application for a tree removal permit shall be made in writing on a form furnished by the Planning Department and shall be accompanied by the following information: (1) A map showing, the number, size and location of trees to be removed, trees to be preserved, and trees which may be "at risk". Trees which are designated as "at risk" are those which may possibly require removal. The Planning Department shall have final approval over which trees are to be designated as "at risk". (2) The applicant or property owner's name, address and telephone number. (3) The name of the company or individual designated to remove the tree(s), their address, phone number and business license number. PAGE 3 OF ORDINANCE NO. 338 (4) Specific reasons for requesting removal of tree(s). Application for, and granting of a tree removal permit may be jointly considered with an application for other development entitlements which may be required. Section 8-5605. Decision Regarding Permit. (a) Time of decision. The Planning Department shall render a decision regarding the permit within 10 working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then a decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application. (b) Criteria. In deciding whether to issue a permit, the Planning Department shall consider the following criteria: (1) The condition of the tree with respect to its health, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remove the tree for reasonable use or enjoyment of the property. (3) The effect of the tree removal upon soil erosion, and the diversion or increased flow of surface waters. (4) The number, species, size and location of other protected trees in the area and the effect that the proposed tree removal would have upon shade, privacy impact, and scenic beauty. (c) Additional recommendations. The Planning Department may refer the application to another department or commission for a report and recommendation. The Planning Department may also require the applicant to furnish a written report from an independent tree expert acceptable to the Planning Department, at the applicant's expense. (d) Conditions. The Planning Department may grant or deny the application or grant the application with conditions, including, but not limited to, the condition that one or more replacement trees be planted of a designated species, size and location. PAGE 4 OF ORDINANCE NO. 138 Section 8-5606. Appeal. A person aggrieved or affected by the decision of the Planning Department may appeal to the Planning Commission (under Sections 26-2.2404--26-2.2410 of the County Ordinance Code or the successor provisions in the Municipal Code) by filing a written notice of appeal setting forth specific grounds for the appeal with the Town Clerk within 10 days after the determination of the Planning Department. Section 8-5607. Memorial Trees. A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town's Department of Maintenance and Park Services. The application shall contain the following information: (1) Name of the person for whom the tree is to be planted. (2) Species of tree preferred. (3) Desired location of planting. The Department of Maintenance and Park Services shall develop procedures to implement this section including application forms, schedule of costs and charges, and method of identifying the memorial tree. Section 8-5608. Tree Protection During Development. (a) Applicability. This section applies to the development of property having new development potential if the property has one or more protected trees within the area proposed for development and within 50 feet of the proposed grading daylight line as established on the preliminary grading plan. For the purpose of this section, development shall mean any entitlement which requires approval from the Town. (b) Deposit Before issuance of a grading or building permit: (1) Where one or more protected trees exist, the property owner or developer shall deposit cash or other security acceptable to the Chief of Planning on a per tree basis in an amount determined by the following table: Tree Size (Diameter) DeDosit/Penalty 10-17" $1,000 18-25" 2,000 26-33" 3,000 34-41" 4,000 42" & above 5,000 PAGE 5 OF ORDINANCE NO. 138 For single family development the property owner or developers obligation for cash or other security deposit shall not exceed a maximum of $5,000 per lot. Where non-residential property is involved, the property owner or developers obligation for cash or other security deposit shall not exceed a maximum of $25,000 per lot. The Town shall retain the deposit until the termination of all guarantee periods for the purpose of securing the developer or property owner obligations under subsection (c) below. No deposited funds shall be expended by the Town unless the developer or property owner has first been given written notice, and 15 days from the date of notice, to cure the default. Any funds remaining on deposit at the expiration of the guarantee period, and after all of developers or property owner obligations have been satisfied, shall be returned to the developer or property owner. (c) Guarantee and Replacement. A developer or property owner shall: (1) guarantee the health of each protected tree on the site from the date construction commences until occupancy of each residential or non residential structure; (2) replace a tree that dies during that period with a tree of the same species and as close in size as reasonably possible; (3) relocate and maintain during construction any tree identified for temporary stockpiling. Such trees shall be maintained by a licensed nurseryman; (4) Replace any stockpiled tree that dies during that period with a tree of the same species and as close in size as reasonably practical. (d) Damage During Construction. The developer or property owner shall notify the Chief of Planning of any damage that occurs to a protected tree during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to do so may result in a stop work order. (e) Penalty. If a protected tree is destroyed or dies during the guarantee period of subsection (c), the developer or property owner shall pay the Town a fine as follows: PAGE 6 OF ORDINANCE NO. 138 mJ ~ (1) if the tree is replaced, the difference between the value of the original tree and the replacement tree; (2) if the tree is not replaced, the value of the tree. The value of the tree shall be based upon the table contained in Section 8-5608(b) (1). No fine is due if the tree died for reasons beyond the developer or property owners reasonable control and provided the actual grading and development of the property was consistent with approved plans. The Chief of Planning is responsible for assessing a fine. His decision may be appealed within 10 days to the Town Council. (f) Use of Penalties Collected The money paid to the Town under this subsection shall be used in the following order of preference, at the direction of the Planning Commission: (1) to provide additional landscaping on the developer or property owners property; (2) to upgrade street trees on nearby streets; or (3) or to beautify public places in the vicinity of the property." (g) "At risk" Trees. "At risk" trees are not subject to the requirements of Sections 8-5608(b) through (e). SECTION 2. Effective Date. This ordinance takes effect 30 days after its adoption. SECTION 3. Publication. The Town Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held on February 6, 1989, and approved and ordered published at a meeting of the Town Council of the Town of Danville held on , February 23 1989, by the following vote: PAGE 7 OF ORDINANCE NO. 138 ' AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSENT: NONE ~YOR C APPROVED AS TO FO~: trees2 PAGE 8 OF ORDINANCE NO. 138