HomeMy WebLinkAbout071525-08.3
ADMINISTRATIVE STAFF REPORT 8.3
TO: Mayor and Town Council July 15, 2025
SUBJECT: Ordinance No. 2025-03, approving Zoning Text Amendment ZTA25-0002
amending 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 on increasing fire hazard concerns.
The Danville Planning Commission reviewed and recommended that the Town Council
approve the revised Tree Preservation Ordinance during their meeting on June 10, 2025.
DESCRIPTION
Following are the significant recommended revisions to the Ordinance:
ZTA25-0002 2 July 15, 2025
Tree Preservation Ordinance
Major and Minor Development Definitions
The recommended revisions include the establishment of definitions for major vs. minor
development:
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. These 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, trees required
to be removed due to fire safety concerns, and trees that need to be removed to allow for
the efficient operation of solar energy systems.
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.
In addition, as recommended by the Planning Commission, a finding for removal has
been added to allow for tree removal if necessary to provide for the efficient operation of
solar energy systems.
The Town believes that these findings are 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.
ZTA25-0002 3 July 15, 2025
Tree Preservation Ordinance
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
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 July 15, 2025, Town Council meeting was placed in a local newspaper
and posting of the meeting agenda serves as notice to the general public.
ZTA25-0002 4 July 15, 2025
Tree Preservation Ordinance
RECOMMENDATION
Adopt Ordinance No. 2025-03, approving Zoning Text Amendment ZTA25-0002
amending the Town’s Tree Preservation Ordinance.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachment: Ordinance No. 2025-03
ORDINANCE NO. 2025-03
REPEALING EXISTING SECTION 32-79 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW CHAPTER 32-79 TO THE DANVILLE
MUNICIPAL CODE RELATED TO TREE PRESERVATION
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING SECTION 32-79 OF THE DANVILLE MUNICIPAL
CODE.
SECTION 2. ADDING A NEW SECTION 32-79 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-79 of the Danville Municipal Code is hereby added to read as follows:
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 establish incentives and guidelines for the protection and
replacement of significant trees to the maximum extent possible.
32-79.2 Definitions.
As used in this section:
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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.
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, 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 Development 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.
e. Major Development 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.
f. Memorial tree means a tree planted on public property in memory of or
commemoration of an individual or individuals.
g. Protected tree means a tree which is protected by Section 32-79.4 of this chapter. A
protected tree cannot be disfigured, damaged, or removed within the Town of
Danville without obtaining a Tree Removal Permit from the Town.
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.
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.
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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.
32-79.3 Tree maintenance by private parties.
A property owner shall be responsible for providing routine maintenance of trees within
the public right-of-way fronting 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, as determined by the Chief of
Planning.
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.
32-79.4 Protected Trees.
a. Any of the following 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)
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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 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 32-79.8.
32-79.5 Permit Requirement; Exceptions.
a. Permit Required. Except as provided in paragraph 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. 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 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. The need to remove a tree(s) to allow for the exposure to sunlight as necessary
for the efficient generation of solar electricity.
3. Any dead or dying tree in very poor condition may be removed if the applicant
has submitted sufficient evidence to the Planning Division, attesting that the
tree is dead or dying. Tree death 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
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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 project.
3. The routine maintenance of a protected tree shall not require a permit.
However, routine maintenance that, in the opinion of the Chief of Planning,
deviates from the definition of routine maintenance contained within this
chapter, shall be subject to fines and penalties as provided in section 32-79.13 of
this chapter.
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)
32-79.6 Permit Application.
a. An application for a Tree Removal Permit shall be submitted to the Planning
Division, together with an applicable fee unless waived pursuant to subsection 32-
79.5.b. The application shall be accompanied by the following information:
1. The applicant or property owner's name, address, and telephone number;
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 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 for 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 shall be submitted as part of the Tree Removal Permit if determined
necessary by the Chief of Planning. The adequacy of the tree report shall be subject
to determination by the Chief of Planning.
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The Planning Division shall review the information submitted and may request
additional documentation as determined necessary by the Chief of Planning. (Ord. #2001-
01, §3; Ord. 2009-04, §2)
32-79.7 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, 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;
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;
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;
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;
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;
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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;
9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary
for the efficient generation of solar electricity. The applicant must provide the
Town with an evaluation evidence from the solar provider.
c. 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.
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 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.,
(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.
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 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.
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h. Timing. Replacement trees shall be planted within 60 days of completion of the
development project. Proof of the planting of replacement trees shall be provided
to the Planning Division within 30 days of planting.
32-79.9 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)
32-79.10 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)
32-79.11 Tree Protection During Development.
a. Applicability. This subsection applies to Minor Development projects 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.
2. No construction activity, parking of vehicles, storage of building materials,
placement of equipment, or stockpiling of earth may occur within the fenced
area. In addition, the developer shall follow all best practices for tree
preservation such as not compacting the soil in the tree protection zone, hand
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cutting of any roots encountered during excavation, avoidance of cutting any
main lateral or buttress roots, not allowing any exposed tree roots to dry out
prior to backfilling with soil, tunneling under roots if necessary for the
installation of utilities, avoidance of any grade change or change in drainage
patterns around the tree, tree pruning if found necessary by the project arborist
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.
3. 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, if required.
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).
b. Security. Before issuance of a demolition, grading, or building permit:
1. Where 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
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) If 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,
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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 ($150,000.00) dollars plus one tenth (1/10) of any amount in excess
of one hundred fifty thousand ($150,000.00) dollars.
(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.
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 finalizing 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;
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
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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 32-79.12.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)
32-79.13 Penalties.
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.
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PAGE 13 OF ORDINANCE NO. 2025-03
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 32-79.12.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.
SECTION 3. CODIFICATION. Section 2 of this Ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the Ordinance. The Danville Town Council hereby
declares that they would have adopted the Ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses, or phrases were declared invalid.
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.
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PAGE 14 OF ORDINANCE NO. 2025-03
The foregoing Ordinance was introduced on July 15, 2025, and approved and adopted by
the Danville Town Council at a regular meeting on August 12, 2025, by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
CLERK’S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2025-03 of said Town and that said
ordinance was published according to law.
Dated: ______________________________ _______________________________
City Clerk of the Town of Danville
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