HomeMy WebLinkAbout061025-05.2 PLANNING COMMISSION STAFF REPORT 5.2
TO: Chair and Planning Commission June 10, 2025
SUBJECT: Resolution No. 2025-06, recommending that the Town Council approve
Zoning Text Amendment ZTA25-0002 to amend the Town’s Tree
Preservation Ordinance
BACKGROUND
Since incorporation, the Town’s General Plans have recognized the importance of mature
native trees to the character of Danville. Policy 21.06 of the 2030 General Plan states that
the Town should:
“Discourage activities that would harm the health of existing trees. Prevent the
unnecessary removal and alteration of such 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 minimize the
removal of mature trees, regardless of species. If removal is necessary, trees should be
replaced with an appropriate number and species.”
To implement this policy, the Danville Town Council adopted the Town’s first Tree
Preservation Ordinance in 1989. The Ordinance was subsequently amended in 2001 and
2009.
The Town wishes to update the Ordinance based on recent trends and to address
problematic issues that the Town has experienced in implementing the existing
Ordinance. The proposed Ordinance amendments would establish tree mitigation and
protection requirements better suited to the scale of the development and incorporate
additional Findings for tree removals based increasing fire hazard concerns.
DESCRIPTION
Following are the significant recommended revisions to the Ordinance:
Major and Minor Development Definitions
Recommended revision includes the establishment of definitions for major vs minor
development:
ZTA25-0002 2 June 10, 2025
Tree Preservation Ordinance
Minor developments include additions and other new structures or grading on existing
single-family lots. These are generally homeowner improvements, such as additions or
construction of accessory structures.
Major developments include the development of multiple new residences and new
commercial development. The are larger, developer sponsored development such as
subdivisions and new or redevelopment commercial projects.
This distinction is important relative to reasonable levels of mitigation requirements or
security deposits during construction as described below.
Permit Fee Waiver
The recommended revisions would include the waiver of permit fees for trees that need
to be removed at no fault of the owner. This includes dead or dying trees or trees required
to be removed due to fire safety concerns.
Findings for Removal
The recommended revisions include an additional Finding that can be made by the Town
to allow tree removal. This finding would allow the removal of tree(s) if it is found that
it is necessary to ”remove the tree(s) due to its close proximity to the residence or to
maintain defensible space or a fuel break in order to comply with notices issued to a
property owner by their fire insurance provider or a fire protection agency.” The
applicant would be required to provide the Town with evidence of such notices.
The Town believes that this Finding is appropriate given California wildfires and an
increasing number of residents requesting to remove trees for these reasons.
Tree Replacement and Mitigation
The recommended revisions would differentiate tree replacement requirements for major
development vs. minor development, as defined.
For major developments, the tree replacement/mitigation requirement would remain the
same, the requirement to plant one 15-gallon tree for every two inches of cumulative tree
diameter removed. For example, the removal of two 15-inch diameter trees would be
required to be replaced with 15, 15-gallon trees. The Town continues to believe this
replacement ratio to be appropriate for major developments as major developments
generally consist of larger sites that can accommodate the on-site plantings.
For minor developments, the tree replacement/mitigation requirement would be one 15-
gallon tree for each tree removed that is 20 or less inches in diameter. For trees to be
ZTA25-0002 3 June 10, 2025
Tree Preservation Ordinance
removed that are greater than 20 inches in diameter, two 15-gallon trees would be
required. The Town believes this replacement ratio is more appropriate for minor
developments as minor developments involve single family lots with limited areas for
tree planting.
Tree Protection During Development
Under the current Ordinance, any proposed development which encroaches into the
dripline of a protected tree must deposit a security with the Town in an amount equal to
the assessed value of the tree(s).
For major developments, the security deposit would remain the same as under the
current Ordinance, as detailed under Subsection 32-71.12.a.1.b. This Subsection requires
a security to be deposited with the Town equal to the total value of all protected trees that
are at risk due to proposed development within the tree(s) dripline(s). This can add up
to over $150,000.
For minor developments, there would be no security deposit requirement. Instead, the
applicant would be required to install fencing round the protected tree(s) dripline, which
would be inspected and monitored by the Town during construction. The Town may
require an arborist’s report be prepared for the tree(s) and could halt construction if it is
observed that required tree protections are not being followed.
PUBLIC CONTACT
Public notice of the June 10, 2025, Planning Commission meeting was placed in a local
newspaper and posting of the meeting agenda serves as notice to the general public.
RECOMMENDATION
Adopt Resolution No. 2025-06, recommending that the Town Council approve Zoning
Text Amendment ZTA25-0002 to amend the Town’s Tree Preservation Ordinance.
Prepared by:
David Crompton
Chief of Planning
Attachments: A - Resolution No. 2025-06
B - Draft Tree Preservation Ordinance
RESOLUTION NO. 2025-06
RECOMMENDING THAT THE TOWN COUNCIL APPROVE ZONING
TEXT AMENDMENT ZTA25-0002 AMENDING THE TOWN’S
TREE PRESERVATION ORDINANCE
WHEREAS, The Town of Danville has initiated a Zoning Text Amendment ZTA25-0002
to amend Section 32-79 of the Danville Municipal Code related to Tree Preservation; and
WHEREAS, the Tree Preservation Ordinance implements Town General Plan Policy 21.6
which recognizes the importance of mature native trees to the character of the Town; and
WHEREAS, the Tree Preservation Ordinance establishes guidelines and incentives for
the protection and replacement for Town-protected trees; and
WHEREAS, the proposed amendments would define major vs minor development
projects and establish tree mitigation and protection requirements based on the scale of
the development; and
WHEREAS, the Planning Commission did review the Zoning Text Amendment request
at a noticed public hearing on June 10, 2025; and
WHEREAS, the Zoning Text Amendment is statutorily exempt from CEQA, and no
significant environmental impacts are expected to be associated with the adoption of this
ordinance; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Town Council approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that
the Danville Town Council approve Zoning Text Amendment ZTA25-0002 amending the
Town’s Tree Preservation Ordinance.
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2025-05
APPROVED by the Danville Planning Commission at a regular meeting on June 10, 2025,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________________
CITY ATTORNEY CHIEF OF PLANNING
32-79 TREE PRESERVATION.
32-79.1 Purpose and Intent.
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. These
concerns are balanced by the acknowledgment that the risk of wildfire can be an overriding
consideration. 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 of the purposes of this chapter is to establishprovide financial
incentives and guidelines for the protection and replacement security to protect and replace
damaged or destroyed of significant trees to the maximum extent possible.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.2 Definitions.
As used in this section:
a.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.
a.Development project means any commercial and/or residential development or addition
which requires an application to subdivide, alter, develop or use a property, and, if
approved, will require the issuance of a building permit, demolition permit and/or grading
permit.
b.Dripline means the area of ground directly underneath any portion of the canopy of a tree.
c.Heritage tree means any single trunked tree in Town, regardless of species, which has a trunk
diameter of thirty-six (36) inches or greater measured four and one-half (4-1/2) feet above
the ground. This definition does not include multi-trunked trees regardless of size and
species.
d.Minor dDevelopment means any residential development requiring a building and/or
grading permit for a new residence, addition to a residence, accessory structure including
sheds, pools and retaining walls, or an accessory dwelling unit. of four (4) or fewer units.
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ATTACHMENT B
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e. Major dDevelopment means any subdivision of property, a residential development resulting
in two or more new dwellings, any new commercial development, or any commercial
addition over 1,000 square feet. any commercial development, or any residential
development including five (5) or more residential units.
f. Memorial tree means a tree planted on public property in memory of or commemoration of
an individual or individuals.
f.g. Protected tree means a tree which is protected by Section 32-79.4 of this chapter. A protected
tree of a specific species or size which can notcannot be disfigured, damaged, or removed
within the Town of Danville without obtaining a Tree Removal Permit from the Town.
g.h. Routine maintenance means actions taken to maintain the health of a tree including but not
limited to, removal of deadwood, diseased or crossing limbs, control of deleterious insects,
and pruning pursuant to pruning standards specified by the Western Chapter of the
International Society of Arboriculture Pruning Standards.
h.i. Tree means a live woody plant having a single perennial stem or a multi-stemmed perennial
plant which is over fifteen (15) feet in height at maturity. This definition does not include
trees planted, grown and held for sale by licensed nurseries or planted and grown as part of
an active commercial orchard.
j. Tree removal means the removal, destruction, or unnecessary disfigurement of a tree.
k. Tree removal permit means the right to remove or destroy the tree(s) upon approval of an
application for tree removal, subject to the conditions specified under the approval.
l. Tree report means a professional assessment or document that evaluates the condition,
health, and characteristics of tree(s) on a property prepared by a certified arborist or
member of the International Society of Consulting Arborists.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.3 Tree maintenance by private parties.
Except for trees planted by the Town, the A property owner shall be responsible for providing
routine maintenance ofto trees within the public right-of-way frontingdirectly adjacent to their
private property. The property owner shall also be responsible for maintaining any trees on the
property frontage or on the private property to prevent encroaching into or negatively affecting
any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees
that pose a fire or other hazard to the public right-of-way and/or to public property adjoining that
of the property owner’s, as determined by the Chief of Planning.
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Nothing in this Chapter shall relieve the owner or occupant of private property from the duty to
keep any tree or other vegetation on their property, or within the public right-of-way or easement
adjacent to their property, in a safe condition.
32-79.3 4 Protected Trees.
A
a. Any of the following native trees tree species having a trunk or main stem which measures
ten (10) inches or greater in diameter measured four and one-half (4-1/2) feet above natural
grade or, for a multiple trunked tree, a combination of trunks totaling twenty (20) inches or
greater in diameter measured four and one-half (4-1 /2) feet above natural grade, on any
type of lot or property:
1. Coast Live Oak (Quercus Agrfolia)
2. Valley Oak (Quercus Lobata)
3. Canyon Live Oak (Quercus Chrysol)
4. Blue Oak (Quercus Doulgassi)
5. California Black Oak (Quercus Kelloggi)
6. Interior Live Oak (Quercus Wislizenii)
7. White Alder (Alnus Rhombifolia)
8. California Bay (Umbellularia California)
9. California Buckeye (Aesculus Californica)
10. California Sycamore (Platanus Racemosa)
11. Madrone (Arbutus Menziesii)
12. London Plane Tree (Platanus Acerifolia)
b. Any Heritage Tree.
c. Any Memorial Tree.
d. A tree shown to be preserved on an approved Development Plan or Subdivision Map, or
specifically required by the Planning Commission or Chief of Planning to be retained as a
condition of approval of any land entitlement. A tree specifically required to be preserved
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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 subsection 32-79.632-79.8.d.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.4 5 Permit RequiredRequirement; Exceptions.
Permit Required. Except as provided in paragraph bc. and c. of this subsection, 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 prior to removal.
pursuant to
a. Permit with Waived Fee. A Tree Removal Permit is required pursuant to Subsection 32-79.6 but the
application fee shall be waived under each of the following circumstances:
1. Any protected tree with which is determined to be required to be removed due to its
close proximity to the primary residence or to maintain defensible space or a fuel break
in order to comply with notices issued to a property owner by their fire insurance
provider or a fire protection agency.
2. Any dead or dying tree in very poor condition may be removed if the applicant has
submitted sufficient evidence if an arborist report, submitted to the Planning Division,
attestings that the tree is dead or dying. and describes the cause of death. Trees whose
dying or deaths caused by the property owner, applicant, or other party do not qualify
for this exception.
b. Exception. An exception to the requirements of this Subsection may be granted under the following
Circumstances:
1. 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.
2. A tree whose removal was specifically approved as part of a previously approved
entitlement for a development projectentitlement.
3. The routine maintenance of a protected tree shall not require a permit. However,
Rroutine maintenance whichthat, in the opinion of the Chief of Planning, varies deviates
from the definition of routine maintenance contained within this chapter, shall be subject
to fines and penalties as provided in section 32-79.103 of this chapter.
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3.4. A street tree removed by the Town which is damaging public improvements or
must be removed to accommodate public improvements.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.5 6 Permit Application.
a. An application for a Tree Removal permit Permit shall be submitted to the Planning
Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b.
and The application shall be accompanied by the following information:
1. When combined with a larger development project, a preliminary development plan,
and preliminary grading plan, 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.
2.1. The applicant or property owner's name, address, and telephone number;.
3.2. The name of the company, or individual to remove the tree(s), their address, phone
number and business license number;.
3. Specific reasons for requesting removal of tree(s); and.
4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and
structure(s) within the property site with measurements.
b. When an application for Tree Removal is submitted in conjunction with a Major or Minor
development development project, a detailed site plan shall be submitted for review. This
plan must show the location, species and size (trunk diameter at 4-1/2 feet above natural
grade) of all existing trees, along with accurate survey and contours. The plan should also
include the extent of tree driplines forof all trees that are to be removed and those to be
preserved on the development site, in relation to the location of all existing and proposed
structures and improvements on the property.
c. A tree report prepared by a certified arborist or member of the International Society of
Consulting Arborists, shall be submitted as part of the Tree Removal pPermit, if determined
necessary by the Chief of Planning. The adequacy of the tree report shall be subject to
determination by the Chief of Planning.
b. The Planning Division shall review the information submitted and may request additional
documentation as determined necessary by the Chief of Planning.
c. Application for, and granting of a Tree Removal permit may be jointly considered with an
application for other development entitlements which may be required.
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(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.6 7 Decision Regarding Permit.
a. Time of Decision. The Planning Division shall render a decision regarding the permit within
fifteen (15) 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 Permit, the Town shall consider the
following criteria:
1. The condition of the tree(s) with respect to its health and imminent danger of falling,
resulting in a hazard and a threat to life and property.proximity to existing structures,
and interference with utility infrastructure.;
1.2. That the tree is causing damage to improvements on a property such as roots
growing into the foundation area of structures, public sidewalks, curbs or gutters, or
utilities. Damage caused to fencing or irrigation systems will not generally be deemed as
sufficient cause for removal of a tree.
2.3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or
development of the property such as construction of a new residence, additions to a
residence, and construction of accessory dwelling units or accessory structures,
including swimming pools. However, the applicant will need to demonstrate that there
are no reasonable alternatives to the development design that could avoid the removal of
the tree(s);
4. The age and/or size of the protected tree with regard to the appropriateness of the size
of the area in which the tree is planted and whether its removal would encourage
healthier, more vigorous growth of other plant material in the area.;
3.5. The necessity to remove the tree(s) due to its close proximity to the residence or to
maintain defensible space or a fuel break in order to comply with notices issued to a
property owner by their fire insurance provider or a fire protection agency. The
applicant must provide the Town with evidence of such notices.
4. If none of the above criteria are satisfied, the Planning Commission may authorize
removal if it finds that, due to the location of the tree on the property and its orientation
as it related to the residence on the property and/or actively used yard areas, the tree is
unreasonably adversely impacting the property owner's enjoyment and/or use of the
property. In this case, mitigation tree replacement plantings may be required as found
appropriate by the Planning Commission.
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5.6. 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 .;
6.7. 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.;
8. Possible visual impacts within a Town-identified Major Ridgeline or Scenic Hillside Area
created as a result of the tree removal; and
9. If none of the above criteria are satisfied, the Planning Commission may authorize
removal if it finds that, due to the location of the tree on the property and its orientation
as it related to the residence on the property and/or actively used yard areas, the tree is
unreasonably adversely impacting the property owner's enjoyment and/or use of the
property.
7. .
c. 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 paragraph a of this subsection shall automatically increase to forty-
five (45) days unless connected to another development application, in which case the
request shall be considered jointly with that application.
d. Decision and Mitigation Measures. The Planning Division shall either grant or deny the
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 ofwith a cumulative diameter necessary to equal
the diameter of the tree(s) which are approved for removal pursuant to .the requirements of
Section 32-79.8, Tree Replacement and Mitigation.
e.d. (Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.8 Tree Replacement and Mitigation.
a. For trees located on property associated with a Major Development project, the tree
replacement ratio is one 15-gallon tree for each two (2) inches of the total trunk diameter of
the protected tree(s) removed or destroyed, round up to the next whole number if the tree
diameter(s) is above .5 inches.
b. For each protected tree that is removed or destroyed on property associated with a Minor
Development or not associated with any development project, the following replacement
ratios shall apply:
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1. For trees less than 20-inches in trunk diameter, one replacement tree of at least 15-
gallon container size.
2. For trees 20-inches or greater in trunk diameter, two replacement trees of at least 15-
gallon container size.
c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this
subsection or apply a different ratio, subject to the special circumstances and site
characteristics of the development property and related to mitigation requirement found
appropriate based on an arborist report or environmental study.
d. Species. Replacement trees shall be in the same genus or species as the removed or
destroyed tree, or selected from the list of the Town’s native tree species listed in
subsection 32-79.4.a.
e. Location. Replacement trees shall be planted on the same property where the tree(s)
that was removed or destroyed was located unless otherwise approved by the Town.
Replacement trees shall not be planted within five (5) feet of an existing or proposed
building or attached structure.
f. Off-Site Tree Mitigation Fee. If the Town finds that it is not feasible or desirable to plant
any or all replacement trees on-site, the Town may accept an off-site Mitigation Fee. For
off-site mitigation, a 15-gallon replacement tree shall be considered to have a two-inch
diameter, and a 24 inch box tree shall be considered to have a four-inch diameter. The
Mitigation fee shall be equal to the cost of the total trees required at the current
wholesale cost of the trees, as determined by the Chief of Planning.
g. No replacement tree planting shall be required if:
1. The removal of a tree is exempt from the requirement for a Tree Removal permit,
pursuant to subsection 32-79.5.c.; or
2. The age and/or location of the tree which led to the death of the tree at no fault of the
property owner.
3. Any protected tree with which is determined to be required to be removed due to its
close proximity to the primary residence or to maintain defensible space or a fuel break
in order to comply with notices issued to a property owner by their fire insurance
provider or a fire protection agency
3.4. A report prepared by a certified arborist stating that there is no feasible location to
plant a replacement tree, or planting additional trees on the property would adversely
affect the healthy growth of existing or new trees.
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h. Timing. Replacement trees shall be planted within the months of October to April, and
either within 60 days of completion of the development project. or within the calendar
year, whichever time period is longer. Proof of the planting of replacement trees shall
be provided to the Planning Division within 30 days of planting. If the Tree Removal
Permit is associated with a development project, replacement trees shall be planted
before the project receives its final building inspection.
32-79.7 9 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 (10) calendar days
after the determination of the Planning Division or Planning Commission.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.8 10 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:
a. Name of the person for whom the tree is to be planted.
b. Species of tree preferred.
c. Desired location of planting.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.911 Tree Protection During Development.
a. Applicability. This subsection applies to Minor Development projects to construction which
would occur within the dripline of one (1) or more protected tree(s).
b. The applicant shall comply with the following requirements:
1. The building permit site plan shall show the location of protective fencing. Before the
start of construction, the applicant shall install fencing per the building plans around the
perimeter of the dripline, or other areas identified in an arborist report. The Town will
inspect and approve the fencing and its location before the issuance of a building or
grading permit.
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2. No construction activity, parking of vehicles, storage of building materials, placement of
equipment, or stockpiling of earth may occur within the fenced area. The Town may
require an arborist’s report be prepared to specify additional specific mitigation
measures, and to be present to observe the construction and prepare a report identifying
further requirements for tree protection.
1.3. Under each circumstance where an arborist is required to supervise or observe
construction, the arborist may require additional mitigation measures. The Town may
halt construction if it is observed that the applicant is not protecting the tree(s) as
required by the Section. The applicant shall pay the costs of an arborist's supervision or
observation.
32-79.12 Security to Guarantee Tree Health.
a. Applicability. This subsection only applies to Major Development projects with construction
or improvement work that would occur within the dripline of one (1) or more protected
tree(s).
a.b.Security. Before issuance of a demolition, grading, or building permit:
2.1. Where development construction or improvement work is proposed within the
dripline of one (1) 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:
(a) 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
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. The appraisal shall be performed by a certified arborist, and
shall be subject to review and approval by the Chief of Planning.
(b) For a major development, iIf the appraised value of the tree(s) is fifty thousand
($50,000.00) dollars 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 paragraph c of this subsection. If
the appraised value of the tree(s) is over fifty thousand ($50,000.00) dollars, the
applicant shall deposit with the Town a cash security, or other security found to be
acceptable by the Chief of Planning, equal to fifty thousand ($50,000.00) dollars plus
one-half (1/2) of any amount between fifty thousand ($50,000.00) dollars and one
hundred thousand ($100,000.00) dollars plus one quarter (1/4) of any amount
between one hundred thousand ($100,000.00) dollars and one hundred fifty thousand
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($150,000.00) dollars plus one tenth (1/10) of any amount in excess of one hundred
fifty thousand ($150,000.00) dollars.
(c) For a minor development, if the appraised value of the tree(s) is twenty-five
thousand ($25,000.00) dollars 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 paragraph c of this
subsection. If the appraised value of the tree(s) is over twenty-five thousand
($25,000.00) dollars, the applicant shall deposit with the Town a cash security, or
other security found to be acceptable by the Chief of Planning, equal to twenty-five
thousand ($25,000.00) dollars plus one-half (1/2) of any amount between twenty-five
thousand ($25,000.00) dollars and fifty thousand ($50,000.00) dollars plus one quarter
(1/4) of any amount between fifty thousand ($50,000.00) dollars and seventy-five
thousand ($75,000.00) dollars plus one tenth (1/10) of any amount in excess of
seventy-five thousand ($75,000.00) dollars.
(d)(c) 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.
b.c. 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 construction
activity which endangered the tree until the completion of at least two (2) full growing
seasons after the completion of the construction activity;
2. 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;
3. 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;
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4. 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;
5. 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 of a 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;
6. 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 subsection 32-79.1032-79.12.b., below.
7. 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. 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.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
32-79.10 13 Penalties.
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a. Criminal Penalties. Any person, including but not limited to the property owner, the person
performing the work, and/or any other responsible person, who willfully violates any
provision of this chapter or any condition established as part of any permit issued
hereunder shall be guilty of a misdemeanor subject to penalties prescribed in subsection 1-
5.3 of this code.
b. Civil Penalties. 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 issued 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 32-79.932-79.12.c.7.
c. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, 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 of this chapter.
d. Appeals. A person aggrieved of an administrative action may appeal the action as specified
under Section 1-8 this code.
(Ord. #2001-01, §3; Ord. 2009-04, §2)
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