HomeMy WebLinkAbout2001-01ORDINANCE NO. 2001-01
REPEALING SECTION 32-79 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW SECTION 32~79 RELATED
TO TREE PRESERVATION
The Town Council of the Town of Danville does ordain as follows:
SECTION 1o FINDINGS.
The Town Council of the Town of Danville makes the following findings in support of the
adoption of the new Tree Preservation Ordinance:
The Tree Preservation Ordinance is consistent with Policy 2.02 of the Danville 2010
General Plan which requires the "preservation of the Town's visual qualities and the
identity of the neighborhoods by ~.. protecting trees and riparian areas ... in the
community."
The Tree Preservation Ordinance is consistent with Policy 18.06 of the Danville 2010
General Plan which requires that the Town "Discourage activities that would harm the
health of existing trees, including protected trees as defined by the Town's Tree
Preservation Ordinance and other trees that contribute to the scenic beauty of the Town.
Public and private improvements should be designed to avoid trees of any type. If
removal is necessary, trees should be replaced with an appropriate number and species.
The Tree Preservation Ordinance is consistent with other existing Town ordinances such
as the Major Ridgeline and Scenic Hillside Development Ordinance and Guidelines.
There is no evidence before the Town that the proposed project will have potential for an
adverse effect on wildlife resources or the habitat upon which the wildlife depends.
SECTION 2. REPEALING CHAPTER 32-79 OF THE DANVILLE MUNICIPAL CODE.
Chapter 32-79 of the Danville Municipal Code is hereby repealed in its entirety.
SECTION 3. ADOPTING A NEW CHAPTER 32-79 OF THE DANVILLE MIJIffICIPAL
CODE.
A new Chapter 32-79 is hereby adopted and added to the Danville Municipal Code to read as
follows:
CHAPTER 32-79 TREE PRESERVATION
32-79,1 Purpose and IntenL The Town of Danville contains many species of native
and non-native trees that are of great beauty and significance. It is recognized that the
preservation of these trees enhances the natural beauty, sustains the long term potential increase
in property values which encourages quality development, maintains the natural ecology, retains
the tempering effect of extreme temperatures, helps to create and retain the identity and quality of
the Town which is necessary for successful business to continue, improves the attractiveness of
the Town to residents and visitors, prevents the erosion of top soil, provides protection against
flood hazards and risk of landslide, and increases the oxygen output of the area which is needed
to combat air pollution. It is also recognized that construction activities around trees can harm or
destroy trees. For these reasons, the Town Council finds that in order to promote the public
health, safety, and general welfare of the Town of Danville, while at the same time recognizing
individual rights to develop private property in a manner which will not be prejudicial to the
public interest, it is necessary to enact regulations controlling the removal of and preservation of
trees within the Town. One ofthe purposes ofthis chapter is to provide financial incentives and
security to protect and replace damaged or destroyed trees to the maximum extent possible.
32-79.2 Definitions. As used in this section:
Certified Arborist shall be as defined by the International Society of Arboriculture; a
"Consulting Arborist' who satisfies the requirements of the American Society of
Consulting Arborists who, after review by the Chief of Planning, is determined to meet
the standards established for Certified or Consulting Arborists described above.
b. Dripline shall mean the area of ground directly underneath any portion of the canopy of
a tree.
Heritage Tree shall mean any single trunked tree in Town, regardless of species, which
has a trunk diameter of thirty-six inches or greater measured four and one-half feet
above the ground.
Minor Development shall mean any residential development of four or fewer units.
Major Development shall mean any commercial development, or any residential
development including five or more residential units.
Memorial Tree shall mean a tree planted on public property in memory of or
commemoration of an individual or individuals.
Protected Tree shall mean a tree of a specific species or size which can not be altered,
damaged, or removed within the Town of Danville without obtaining a Tree Removal
Permit from the Town.
PAGE 2 OF ORDINANCE NO. 2001-01
Tree shall mean a live woody plant having a single perennial stem or a multi-stemmed
perennial plant which is over fifteen feet in height at maturity. This definition does not
include trees planted, grown and held for sale by licensed nurseries or planted a~d
grown as part of an active commercial orchard.
Tree removal shall mean the removal, destruction, or unnecessary disfigurement of a
tree.
32-7903 Protected Trees,
trees within the Town of Danville:
The following trees are hereby classified as protected
Any of the following native trees hav/ng a trunk or main stem which measures ten inches
or greater in diameter measured four and one-half feet above natural grade or, for a
multiple trunked tree, a combination of trunks totaling twenty inches or greater ia
diameter measured four and one-half feet above natural grade, on any type of lot or
property:
1. Coast Live Oak
2~ Valley Oak
3. Canyon Live Oak
4. Blue Oak
5. California Black Oak
6. Interior Live Oak
7. White Alder
8. California Bay
9. California Buckeye
10. California Sycamore
1 I.Madrone
12. Coast Redwood
13. London Plane Tree
(Quercus Agrifolia)
(Quercus Lobata)
(Quercus Chrysol)
(Quercus Doulgassi)
(Quereus Kelloggi)
(Quercus Wislizenii)
(Alnus Rhombifolia)
(Umbellularia California)
(Aesculus Californica)
(Platanus Racemosa)
(Arbutus Menziesii'
(Sequoia Semperwrens)
(Platanus Acerifolia)
PAGE 3 OF ORDINANCE NO. 2001-01
b. Any Heritage Tree.
c Any Memorial Tree
A tree shown to be preserved on an approved Development Plan or specifically required
by the Planning Commission to be retained as a condition of approval of an entitlement.
A tree specifically required to be preserved by the Planning Commission shall require a
subsequent Planning Commission approval for removal.
e. A tree required to be planted as mitigation for the removal of a protected tree, as
established under Section 32-79~6.d.
32-79.4 Permit Required; Exceptions.
Permit. Except as provided in Paragraph b. below, 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 Division pursuant to Subsection 32-79.6 below~
b. Exceptions. A Tree Removal permit is not required for the following:
If the condition of a protected tree presents an immediate hazard to life or
property, it may be removed without a permit. However, subsequent to the
removal, the property owner shall obtain a Tree Removal permit from the Town.
The property owner may be required to provide evidence to the Town regarding
the condition of the tree which necessitated its immediate removal.
A tree whose removal was specifically approved as part of a previously approved
development entitlement.
32-79°5 Permit Application.
a. An application for a Tree Removal permit shall be submitted to the Planning Division
and shall be accompanied by the following information:
A preliminary development plan, and preliminary grading plan if applicable,
showing the number, size, type, and location of trees to be removed and trees to be
preserved, and the location of all existing and proposed improvements on the
property. The plan should include the approximate drip line(s) of all trees on the
site.
2. The applicant or property owner's name, address, and telephone number.
PAGE 4 OF ORDINANCE NO. 2001-01
3. The name of the company, or individual to remove the tree(s), their address, phone
number and business license number~
4. Specific reasons for requesting removal oftree(s)~
b. A tree report, prepared by a Certified Arborist, shall be submitted as part of the Tree
Removal permit, if determined necessary by the Chief of Planning.
Application for, and granting of a Tree Removal permit may be jointly considered with
an application for other development entitlements which may be required.
32-79.6 Decision Regarding Permite
Time of Decision. The Planning Division shall render a decision regarding the permit
within fifteen 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 the decision on the Tree Removal permit shall be rendered simultaneously with a
decision on the development entitlement application.
b. Criteria. In order to issue a Tree Removal permit, the Town shall consider the
following criteria:
The condition of the tree(s) with respect to its health, imminent danger of falling,
proximity to existing structures, and interference with utility infrastructure.
The necessity to remove the tree(s) to allow for the reasonable use, enjoyment, or
development of the property.
The effect of the removal of the tree upon soil erosion or whether its removal will
result in a significant diversion or increase in the flow of surface water~
The number, species, size and location of other protected trees in the area and the
effect the removal of the tree(s) will have upon shade, privacy between properties,
and scenic beauty of the area.
Possible visual impacts within a Town-identified Major Ridgeline or Scenic
Hillside Area created as a result of the tree removal.
Additional Recommendations. The Chief of Planning may refer any Tree Removal
application to the Planning Commission for review and action. Upon such referral, the
timeline for action established under Subsection a. shall automatically increase to 45
PAGE 5 OF ORDINANCE NO. 2001-01
days unless connected to another development application, in which case the request
shall be considered jointly with that application.
MitigationMeasurex. The Planning Division shall grant or denythe application, or grant
the application with conditions of approval which are intended to help mitigate the
removal of the tree(s). Where mitigation is determined to be necessary, the Town may
require the planting of on-site or off-site replacement trees (location and species to be
determined by the Town) which are ofa m:m~cr and cumulative diameter necessary to
equal the diameter of the tree(s) which are approved for removal.
32-79.7 Appeal. A person aggrieved by the decision of the Planning Division may
appeal to the Planning Commission, or aggrieved by the decision of' the Planning
Commission may appeal to the Town Council, by paying the appeal fee to the Town and
filing a written notice of appeal setting forth specific grounds for the appeal with the
City Clerk within ten calendar days after the determination of the Planning Division or
Planning Commission.
32-79,8 Memorial Trees.
A person who wishes to sponsor a memorial tree planted on public property may file an
application with the Town's Maintenance Services Department. The application shall
contain the following information:
1. Name of the person for whom the tree is to be planted.
2. Species oftreepreferred.
3. Desired location of planting.
32-79.9 Tree Protection During Development.
Applicability. This subsection applies to development which would occur within the
dripline of one or more protected tree(s), as established on the preliminary development
plan, demolition plan, and/or grading plan. For the purpose of this section, development
shall mean any work or improvement that requires approval from the Town.
b. Security. Before issuance of a demolition, grading, or building permit:
Where development is proposed within the dripline of one or more protected
tree(s), the property owner or developer shall submit a security to the Chief of
Planning on a per tree basis. The required security shall be established as follows:
PAGE 6 OF ORDINANCE NO. 2001-01
The applicant shall be required to secure an appraisal of the condition and value
of all affected trees~ The appraisal shall be done in accordance with the then
current addition of the "Guide for Establishing Values of Tree and Other
Plants," by the Council of Tree and Landscape Appraisers under the auspices of
the International Society of Arboriculture. The appraisal shall be performed by
a Certified Arborist, and shall be subject to review and approval by the Chief of
Planning.
For a major development, if the appraised value of the tree(s) is $50,000 or less,
the applicant shall deposit with the Town a cash security, letter of credit, or
other security found to be acceptable by the Chief of Planning, equal to the
value of each tree required to be appraised, for the purpose of securing and
guaranteeing the applicanfs obligations under Subsection c. below~ If the
appraised value of the tree(s) is over $50,000, the applicant shall deposit with
the Town a cash security, or other security found to be acceptable by the Chief
of Planning, equal to $50,000 plus one-half (1/2) of any amount between
$50,000 and $100,000 plus one quarter (1/4) of any amount between $100,000
and $150,000 plus one tenth (1/10) of any amount in excess of $150,000
For a minor development, if the appraised value of the tree(s) is $25,000 or
less, the applicant shall deposit with the Town a cash security, letter of credit, or
other security found to be acceptable by the Chief of Planning, equal to the
value of each tree required to be appraised, for the purpose of securing and
guaranteeing the applicant's obligations under Subsection c. below. If the
appraised value of the tree(s) is over $25,000, the applicant shall deposit with
the Town a cash security, or other security found to be acceptable by the Chief
of Planning~ equal to $25,000 plus one-half (1/2) of any amount between
$25,000 and $50,000 plus one quarter (1/4) of any amount between $50,000
and $75,000 plus one tenth (1/10) of any amount in excess of $75,000.
The Town shall retain the security until the termination of the guarantee periods
required under this chapter. Any funds remaining on deposit at the expiration
of the guarantee period, and after all of the developer's or property owner's
obligations under this chapter have been satisfied, shall be returned to the
developer or property owner. Nothing under this chapter prohibits the transfer
of the security obligation should the property change ownership.
Guarantee and Replacement. A developer or property owner shall:
1. Guarantee the health of each protected tree on the site that is not approved for
removal from the date of the Town's finaling of the permit associated with the last
PAGE 7 OF ORDINANCE NO. 2001-01
construction activity which endangered the tree until the completion of at least two
full growing seasons after the completion of the construction activity;
D
Replace a protected tree(s) that dies during the guarantee period, as a result of
damage caused by the development, with a tree(s) of a species approved by the
Town, of a cumulative number and trunk diameter which equals the total trunk
diameter of the tree(s) that died. The developer or property owner shall also be
required to install and maintain irrigation (as determined necessary by the Chief of
Planning) for the replacement tree(s) until the tree(s) are established;
Relocate and maintain during construction any tree identified for temporary
stockpiling. During the period of time such trees are stockpiled, they shall be
maintained by a licensed nurseryman;
Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of
the same species with a cumulative trunk diameter equal or greater than the total
trunk diameter of the tree(s) which died;
SD
Notify the Chief of Planning of any damage that occurs to a protected tree(s) 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 notify the Chief of Planning and/or to administer acceptable methods of
treatment may result in the issuance ora stop work order for any permit associated
with the project development activity. If determined necessary by the Chief of
Planning, the Town may utilize security funds submitted as part of the development
to retain a qualified third party arborist to review the tree(s) and have any necessary
mitigation on the tree(s) performed;
In addition to replacing a guaranteed tree(s), upon determination by the Chief of
Planning that a guaranteed tree has died through the fault of the applicant, pay to
the Town a Civil Penalty in accordance with Section 32-79.10.b., below.
A tree shall be presumed to have died through the fault of the applicant unless the
applicant can prove to the Town that the tree died for reasons beyond the
applicant's control or, in the case of stockpiled trees, the applicant used reasonable
care to maintain the tree. In addition to such penalty, whenever the cost of
replacing a tree(s) for which a civil penalty is levied is less than the appraised value
of the tree(s), the applicant shall also pay the Town the difference between that
appraised value and the cost of the replacement tree(s). The applicant's verified
receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost.
PAGE 8 OF ORDINANCE NO. 2001-01
If the applicant chooses not to submit such receipt within ten (10) days following
replacement of the tree(s), then the Chief of Planning shall determine the value of
the replacement tree.
8. Use of Penalties Collected. Penalties collected under this section shall be used as
follows, as found appropriate by the Chief of Planning:
a. To upgrade street trees along nearby public streets.
b. To beautify or enhance public places, including parks and open spaces, within
the Town~
c. To beautify or enhance the site where the tree removal occurred.
32-79A0 Penaltieso
Criminal Penalties. Any person, including but not limited to the property owner, the
person performing the work, m~d/or any other responsible person, who willfully violates
any provision of this chapter or any condition establishes as part of any permit issues
hereunder shall be guilty o£a misdemeanor subject to penalties prescribed in Section 1-
5.3 of the Danville Municipal Code.
CivilPenalties. Any person, including but not limited to the property owner, the person
performing the work, and/or any other responsible person, who violates any provision of
this chapter, or any condition established as part of any permit issues hereunder shall be
liable to the Town for a civil penalty of three (3) times the value of the tree. For
purposes of calculating the value of the tree(s), the then-current edition of the "Guide
for Establishing Values of Trees and Other Plants" by the Council of Tree and
Landscape Appraisers under the auspices of the International Society of Arboriculture
shall be used. The Town's use of penalties collected shall be as established under
Subsection 32-79.9.c.7., above.
Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive,
cumulative, and in addition to any other remedy the Town may have at law or in equity,
including but not limited to injunctive relief to prevent violation o£this Chapter.
d. Appeals. A person aggrieved of an administrative action may appeal the action as
specified under Section 1-8 of the Danville Municipal Code.
PAGE 9 OF ORDINANCE NO. 2001-01
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase in this ordinance, or any part
thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections or portions of this ordinance or any part thereof. The Town
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
declared invalid or unconstitutional.
SECTION 5. PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have a summary of this ordinance published twice in a newspaper of general
circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after
adoption. This ordinance shall become effective 30 days after adoption.
SECTION 6. CODIFICATION.
Sections ONE and TWO hereof shall be codified in the Danville Municipal Code. Sections
THREE, FOUR and FIVE shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was first read and introduced on April 3, 2001 and approved and
adopted by tbe Danville Town Council at a regular meeting held on April 17, 2001 by the
following vote:
AYES: Doyle, Waldo,
NOES: Shimansky
ABSTAIN: None
ABSENT: None
Arnerich, Greenberg
M.~YOR ~
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 10 OF ORDINANCE NO. 2001-01
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a tree
and accurate copy of Ordinance No. 2001-01 and that said ordinance was published according to
law~
Dated:
City Clerk of the
Town of Danville
PAGE 11 OF ORDINANCE NO. 2001-01