The purpose of this chapter is to promote the health, safety, welfare, and quality of life of the residents through the protection of specified trees on private property and the establishment of standards for removal, maintenance, and planting of trees throughout town. In establishing these procedures and standards, it is the Town's intent and objective to encourage the preservation of trees.
(Ord. 21-501 § 9)
It is the goal of the Town to foster a vibrant and healthy mixed-species, urban forest. The preservation of trees enhances the natural beauty of the community, sustains the long-term potential increase in property values, helps create and retain the identity and quality of the Town necessary for successful business to continue, improves the attractiveness of the Town to residents and visitors, maintains natural ecology, retains the tempering effect of extreme temperatures, prevents erosion of top soil, provides protection against flood hazards, and contributes to reduction in greenhouse gas emissions.
When considering requests for tree removal, primary preference will be given to mitigation measures that will allow the retention and preservation of the tree. Where tree removal is approved, the initial preference is that another tree be replanted on-site in a suitable location, whenever good forestry practice so dictates. However, in circumstances when a replacement tree cannot feasibly be replanted on-site, an in-lieu fee shall be paid to the Town as defined in this chapter. It is further intended that review of requests for tree removal or tree trimming should be based on protecting public safety and preserving the health of the tree.
(Ord. 21-501 § 9)
A. 
The following preventative measures shall be taken to reduce hazard risks:
1. 
Plant trees that are not problematic and that fit the site. The International Society of Arboriculture (ISA) has developed a list to assist property owners in avoiding trees that may become a problem.
2. 
A healthy, vigorous tree that receives regular care is less likely to become hazardous than one that is ignored. Prevention is the best solution to the tree hazard problem.
3. 
The risk of hazard may be reduced by removing dead and broken branches, reducing branch end weights, by mechanically supporting weak branches from below, or by cabling and bracing.
4. 
In some cases, hazards may be eliminated by removing picnic tables or other items beneath a precarious tree, fencing to prevent access to such trees, or rerouting pedestrian or vehicular traffic.
B. 
Where a hazard can be reduced to a less than significant level or hazard, as determined by the Town consulting arborist or other certified arborist in a written tree report, all reasonable mitigation measures shall be taken.
Where there are two or more conflicting tree reports, the Planning Officer in consultation with the Town consulting arborist shall make the final determination on a hazardous rating.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
A. 
Applicability. Except as provided in subsection B of this section, no person may destroy or remove any of the following protected trees from any private property without first obtaining a tree removal permit, in accordance with this chapter:
1. 
A heritage tree identified in the Heritage Tree Survey;
2. 
Any native oak tree with a trunk that measures 10 inches diameter at breast height (DBH) (equal to 31 inches in circumference) or more;
3. 
Any tree with a trunk that measures 12 inches DBH (equal to 38 inches in circumference) or more or a multi-stemmed perennial plant having an aggregate DBH of 20 inches (equal to 63 inches in circumference) or more;
4. 
A tree shown to be preserved on an approved development entitlement or specifically required by the Town Council or Zoning and Design Review Board to be retained as a condition of approval of an entitlement; or
5. 
A tree required to be planted as a replacement tree.
B. 
Exceptions. A tree removal permit is not required under subsection A if:
1. 
Prior to removal, the Town consulting arborist concludes, with an arborist report paid for by the property owner if deemed necessary by the Planning Officer, that the tree is dead and the Planning Officer approves the removal.
2. 
The removal of the tree was specifically approved as part of a previously approved development entitlement.
3. 
The work to be performed is routine maintenance necessary for the health of the tree or protection of property; provided, however, that non-routine maintenance shall be subject to fines and penalties as provided in this code.
4. 
Prior to removal, the Planning Officer determines that the tree constitutes a hazard or threat to the public health and safety or property in the vicinity in cases where one or more of the following apply:
a. 
The tree (or trees) in question is dying, diseased or has been substantially damaged and will likely in the near term threaten the health and safety of persons or property improvements in the immediate vicinity and such disease or threat is verified in writing by a licensed tree surgeon or certified arborist. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or
b. 
The tree (or trees) in question is classified as a pyrophyte, including Monterey Pine, Bishop Pine, Acacia, and Eucalyptus species; or
c. 
Tree removal or alteration is by a public agency or public utility to provide for the routine maintenance of public land or public utilities; or
d. 
Tree removal or alteration is by a homeowner or a homeowner's association when it can be demonstrated that the tree is causing damage to a utility that cannot be relocated and mitigation measures are not feasible.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
Applications for tree removal permits shall be submitted to the Town on forms provided by the Planning and Building Department. There shall be a fee for this permit as established by resolution of the Town Council as a part of the Town's Master Fee Schedule. The fee shall cover the full costs to the Town to process the application including, without limitation, the costs of the Town consulting arborist. Upon completion of the application and submittal of all supporting documents and fees, the Planning and Building Department shall send notice to all property owners within 300 feet of the subject property and adhere to a 10-day comment period before issuing a tree removal permit.
A. 
An application for tree removal permit shall be required for all protected trees.
B. 
Applications shall be submitted to the Planning and Building Department and shall be accompanied by the following information.
1. 
When combined with a larger development application, a preliminary site plan and grading plan showing the number, size, type, and location of tree(s) to be removed and trees to be preserved, and the location of all existing and proposed improvements on the property. The plan shall include the approximate driplines of all trees on-site and trees located on adjacent properties with canopies overhanging the project site.
2. 
When not combined with a larger development application, a site plan showing the number, size, type, and location of the tree(s) to be removed and all existing improvements on the property.
3. 
The property owner's name, address, and telephone number.
4. 
The name, address, phone number, and business license number of the company or individual to remove the tree(s).
5. 
Specific reasons for requesting removal of the tree(s).
C. 
The Town consulting arborist shall prepare an arborist report for review and use by the Planning and Building Department in reviewing the application and making decisions and findings pursuant to Section 17.128.060.
D. 
Application for and granting of a permit may be jointly considered with an application for any other development entitlement which may be required.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
A. 
Decisions.
1. 
The Planning Officer shall grant or deny all permits for tree removal, except as provided below.
2. 
The Town Council shall grant or deny a permit for tree removal for heritage trees and native oak protected trees.
3. 
If an application is being jointly considered with any other application for a development entitlement, then the Town Council or the Zoning and Design Review Board shall render the decision.
B. 
Findings. The responsible reviewing authority may approve the application and authorize a tree removal permit if the facts presented establish one or more of the following:
1. 
The condition of the tree(s) with respect to its health present(s) an imminent danger of falling or failure, and constitutes a likely hazard to safety due to the proximity of existing structures or interference with public infrastructure or utilities. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or
2. 
Removal is warranted due to the tree's age and size with respect to the size or appropriateness of its planted location or if removal would encourage healthier, more vigorous growth of other trees or would encourage healthier, more vigorous growth of trees and other plant material in the area; or
3. 
Alternative mitigation measures that reduce a structural defect but do not result in removal of the tree(s) are either impractical or would not benefit the longevity of the subject tree(s).
C. 
Mitigation for Removal. The decision-making authority may attach any reasonable condition to ensure compliance with the purpose and intent of this chapter. Where mitigation is deemed necessary, the Town shall require the planting of on-site replacement tree(s), the payment of an in-lieu fee, or any combination of the two.
(Ord. 21-501 § 9)
A. 
Replacement Trees. Often it is not possible to replace a large, older tree with a single equivalent tree. In such cases, the following tree canopy replacement ratio shall apply:
1. 
The reviewing authority may condition any tree removal permit with replacement of trees in kind or from a recommended tree list maintained by the Town. The replacement requirement shall be calculated on an inch-by-inch replacement of the removed tree(s) (e.g., the removal of one 12-inch DBH tree shall necessitate the planting of six two-inch DBH trees or four three-inch DBH trees, etc.). The minimum size for a replacement tree shall be a 15-gallon. The minimum size for a replacement of a heritage tree or a native oak shall be 24-inch box. Replacement trees shall meet the standards of size, species, and placement as provided for in the tree removal permit issued by the Planning Officer.
B. 
In-lieu fee deposit. Whenever a tree removal permit is conditioned upon the planting of a replacement tree, the payment of an in-lieu replacement tree fee deposit as established in the Master Fee Schedule shall occur prior to issuance of the tree removal permit. The deposit is refundable within 180 days of the permit issuance upon planting the required replacement tree and providing photographic proof of the planting and placement of the replacement tree to the Planning Officer.
C. 
In-lieu fee determination. The amount of the in-lieu replacement tree fee deposit is the entire cost of establishing a new tree in accordance with the Master Fee Schedule. In addition to the cost of acquiring a replacement tree as set forth in the Master Fee Schedule, the in-lieu fee shall also include materials and labor necessary to plant the tree, and to maintain it for two years. This in-lieu fee will be reviewed annually and, if necessary, adjusted to reflect current costs.
D. 
In-lieu fee payment. In some circumstances, crowding or other physical constraints make it impossible or undesirable to replace a tree of equal value on-site. When a replacement tree planting is deferred beyond 180 days or not feasible, the in-lieu replacement tree fee deposit is not refundable and shall be placed into the Tree Planting and Preservation Fund.
E. 
Monitoring. Replacement trees shall be monitored for five years to ensure their establishment and growth to maturity. The Town will inspect the replacement trees annually on or around each October, with proper notification, to ensure adequate maintenance. Replacement trees that do not survive or are removed during the five-year inspection period shall be replaced at the owner's expense. The new replacement tree(s) shall be planted within 90 days of inspection and will restart a new five-year inspection period.
(Ord. 21-501 § 9)
A. 
Objective. The objective of this section is to reduce the negative impacts of construction on trees to a less than significant level. The tree protection regulations are intended to guide a construction project to ensure that appropriate practices will be implemented in the field to eliminate the undesirable consequences that may result from uninformed or careless acts and preserve both trees and property values. Construction projects within the tree protection zone (TPZ) of protected trees are required to implement the protective practices described in this subsection.
B. 
Tree Protection Plan. Prior to commencement of a development project, a property owner shall submit a Tree Protection Plan if any activity is within the dripline of a protected tree. The plan shall be prepared by a certified arborist to assess impacts to trees, recommend mitigation to reduce impacts to less than significant levels, and identify construction guidelines to be followed through all phases of a construction project. The plan must be approved by the Town's consulting arborist prior to the start of work.
C. 
Fencing. Protective tree fencing shall be erected around the TPZ of all trees, whether located on-or off-site, to be protected during construction. The fence shall remain in place throughout the entire construction period and may not be removed without approval by the Planning Officer.
D. 
Prohibited Activities. Activities prohibited within the TPZ include:
1. 
Storage or parking of vehicles, equipment, construction materials, refuse, excavated spoils or poisonous materials on or around trees and roots.
2. 
The use of tree trunks as a winch support, anchorage, as a temporary power pole, sign posts or other similar function;
3. 
Cutting tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation;
4. 
Soil disturbance or grade change; and
5. 
Drainage changes.
E. 
Inspection Schedule.
1. 
The project certified arborist or landscape architect retained by the applicant shall conduct the following required inspections of protected trees and submit a written summary of the changing tree related conditions, actions taken, and conditions of trees to the Planning Officer;
2. 
Required Inspections and Reports:
a. 
Inspection of protective tree fencing;
b. 
Pre-construction meeting;
c. 
Inspection of rough grading;
d. 
Any special activity within the TPZ;
e. 
Monthly inspections by the project arborist to monitor changing conditions and tree health; and
f. 
For discretionary development projects, prior to building permit final, the landscape architect shall perform an on-site inspection of all plant stock, quality of the materials and planting, and that the irrigation is functioning consistent with the approved plans.
(Ord. 21-501 § 9)
A. 
All owners of property containing protected trees shall have a duty of regular maintenance to ensure the ongoing health and longevity of said trees.
B. 
All owners of property containing protected trees that are the site of a development or construction project shall adhere to the standards in Section 17.128.080 of this chapter.
C. 
The following are prohibited maintenance practices for protected trees:
1. 
Excessive pruning;
2. 
Topping; or
3. 
Taking any action that foreseeably leads to the death of a tree or permanent damage to its health.
(Ord. 21-501 § 9)
Great care must be exercised when work is conducted upon or around heritage trees. The policies and procedures described herein apply to all encroachments into the protected zone of any heritage tree.
A. 
Pruning of heritage trees shall be minimized, particularly during the winter when oaks are more susceptible to fungal infections.
B. 
Trenching within the TPZ of any heritage tree may only be done with hand tools to prevent root injury. Mechanical trenching within the protected zone of any heritage tree is not permitted.
C. 
Minor roots less than one inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area.
D. 
Major roots over one inch in diameter may not be cut without approval of an independent and certified tree professional.
E. 
Irrigation within the TPZ of a heritage tree shall be eliminated or minimized, particularly during the summer when natural conditions are dry.
F. 
No live material may be planted within 10 feet of the trunk of any heritage tree. Any live material planted within 20 feet of a heritage tree shall be drought tolerant. If an irrigation system is installed for such plant material, it must be an independent low-flow drip irrigation system.
G. 
Limbs of a heritage tree may not be cut for temporary construction purposes.
H. 
No impermeable soil covering such as asphalt, concrete or other paving is permitted within the TPZ of any heritage tree.
I. 
If the Planning Officer has approved construction of a retaining wall or other structure within the TPZ of any heritage tree, the developer shall provide for immediate protection of exposed roots from moisture loss during the construction period. The construction shall be completed within a 72-hour period after grading.
J. 
When applicable, and when deemed appropriate by the Planning Officer, a minimum $10,000.00 deposit shall be posted and maintained to ensure the preservation of heritage trees during construction. The deposit shall be posted in a form approved by the Town Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any of the above procedures shall result in forfeiture of a portion or the entirety of the deposit at the discretion of the Town Council. Monies forfeited shall be deposited in the Tree Planting and Preservation Fund and used for replacement or repair of damaged heritage trees.
(Ord. 21-501 § 9)
All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening shall be in sound structural condition, and whenever necessary, repaired and replaced.
(Ord. 21-501 § 9)