Corte Madera Municipal Code Ch. 15.50 Trees

(a) Trees and views contribute to the attractiveness and quality of life in the town.

(b) Trees produce a wide variety of benefits. Trees modify temperatures and winds, replenish oxygen to the atmosphere and maintain soil moisture, control soil erosion, and provide wildlife habitat. Trees contribute to the visual environment of the town by providing scale, color, silhouette and mass, and by creating visual screens and buffers to separate land uses, and promote privacy. Trees may enhance property values, stabilize slopes, reduce the need for surface drainage systems, and can conserve energy. Trees also function as living landmarks of the town's history and provide a welcome element of nature in the midst of settlement.

(c) Views, whether of San Francisco Bay, Mount Tamalpais, the surrounding hills, or other natural and man-made landmarks, also produce a variety of significant and tangible benefits for both residents and visitors to the town. Views contribute to the visual environment of the town by providing inspiring panoramic vistas, and by acting as distinctive supplements to architectural design. Similarly, sunlight contributes to people's health and well-being, enhances property values and provides solar energy and other economic benefits.

(d) Owners and residents should maintain trees on their property in accordance with Section 12.40.030, in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, and avoid planting trees defined in this chapter as "undesirable."

(e) Trees, views, privacy, sunlight, and the benefits derived from each may come into conflict. The continued growth of trees, and their planting locations and species selected, may produce intended beneficial effects and unintended deleterious effects both on the property on which they are planted and on neighboring properties. The public health, welfare and safety are served by establishing standards which will protect and preserve trees while creating a procedure to resolve view and sunlight obstruction claims, so as to provide a reasonable balance between tree, view, privacy and sunlight-related values.

(f) Whenever possible, tree work shall adhere to the standards set forth in the International Society of Arboriculture (ISA) Standards for Pruning and the American National Standard Institute (ANSI) Standard A300.

(Ord. 796 § 2 (part), 1995)

For the purpose of this chapter, the meaning and construction of words and phrases hereinafter set forth shall apply:

(1) "Active use area" means the most frequently actively used portion or portions of a residential building or site, or nonresidential building, from which views and/or sunlight are available.

(2) "Alter" means to take action that could foreseeably endanger the health of a tree, including but not limited to, pruning of more than thirty-three percent of the canopy area, cutting, girdling, interfering with the water supply, applying chemicals, or regrading around the feeder root zone of the tree.

(3) "Arbitration" means a legal procedure as set forth in California Civil Procedure Code Section 1280, et seq.

(4) "Arbitrator" means a neutral party who will conduct a process similar to a trial, and who will hear testimony, consider evidence, and make a binding decision for the disputing parties.

(5) "Arborist" means anyone who possesses the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants. A certified arborist is a person who has passed a series of tests by the International Society of Arboriculture (ISA) and is governed by ISA's professional code of ethics.

(6) "Canopy" means the leaves and branches of a tree, from the lowest branch on the trunk to the top of the tree.

(7) "Complainant" means any property owner (or legal occupant with written permission of the property owner) who alleges that, in violation of this chapter, trees located on the property of another person are causing unreasonable obstruction of the view and/or sunlight benefitting his/her real property, or the property on which the complainant resides.

(8) "Crown" shall have the same meaning as "canopy".

(9) "Crown cleaning" means the removal of dead, dying, diseased, crowded, weakly attached, low-vigor branches and watersprouts from a tree's crown.

(10) "Crown raising" (or limbing up) means the removal of the lower branches of a tree, up to thirty-three percent of the total canopy area, or whatever height is necessary to provide clearance for pedestrians and fire safety vehicles.

(11) "Crown reduction" (crown shaping) means comprehensive pruning to reduce a tree's height and/or spread. Crown reduction entails the reduction of the top, sides or individual limbs, by the means of removal of the leader or longest portion of limb to a lateral large enough to assume the terminal, provided, however, in no event shall crown reduction result in the removal of more than thirty-three percent of the tree's canopy. The diagram which follows is illustrative of a proper crown reduction within the meaning of this chapter.

[Figure]

(12) "Destroy" means to kill or to take action that endangers the health or vigor of a tree, including, but not limited to, cutting, girdling, interfering with the water supply, applying chemicals, or regrading around the base of the trunk.

(12a) "Fire-prone tree" means any tree of the species known as:

(12b) "Heritage tree" means any tree, excluding an undesirable species, (A) of no less than fifty years old with a single trunk circumference equal to or more than one hundred inches (or multi-stemmed trees having an aggregate circumference of equal to or more than one hundred inches) measured 4.5 feet above grade; or (B) which is no less than one hundred years old.

(13) "Maintenance pruning" means pruning with the primary objective of maintaining or improving tree health and structure, and includes "crown cleaning," "crown reduction" and "crown raising."

(14) "Mediator" means a neutral, objective, third person who helps disputing parties to reach a mutually satisfactory solution.

(15) "Obstruction" means the blocking or diminishment of a view and/or sunlight attributable to the growth, maintenance or location of trees.

(16) "Person" means any individual, individuals, corporation, partnership, firm, or other legal entity.

(17) "Planning director" means the director of environmental services.

(18) "Pruning" means the general removal of plant material from a tree in order to modify that tree.

(19) "Public right-of-way" for purposes of this chapter means the paved portion of public street and the area extending five feet beyond the edge of the pavement, measured perpendicularly from the centerline of the roadway where there is no sidewalk, or, where there is a sidewalk, the area between the sidewalk and the roadway.

(20) "Restoration action" means any specific steps taken affecting a tree (or trees) that would result in the restoration of a view or sunlight.

(21) "Stand thinning" means the selective removal of a small percentage of trees from a grove of trees.

(22) "Sunlight" means the availability of direct or indirect sunlight to the active use area of a building and/or property.

(23) "Topping" means eliminating the upper portion of a tree's trunk or main leader.

(24) "Town" means the town of Corte Madera.

(25) "Tree" means any woody plant.

(26) "Tree owner" means any person owning real property in the town whereon a tree or trees are located.

(27) "Undesirable species" means any of the following species which possess any or all of the following characteristics: fast growth, large size, extreme flammability, poor structure, invasive roots, introduced species and relatively short life-span.

(28) "View" means a vista, from an active use area, of features including, but not limited to, skylines, bridges, landmarks, cities, distinctive geologic features, hillside terrains, wooded canyons, ridges and bodies of water.

(29) "View/sunlight claim" means the basis upon which a complainant seeks the taking of action to restore the complainant's sunlight or view rights as granted in this chapter (see subsection (7) of this section).

(30) "Vista pruning" means the selective thinning of framework limbs or specific areas of the crown of a tree to allow a view from a specific point. Topping should not be used to accomplish vista pruning.

(Ord. 797 § 1, 1995; Ord. 796 § 2 (part), 1995)

(Ord. No. 998, § 5, 7-7-2020)

(a) It is unlawful for any person to remove, destroy, alter, or cause to be removed, destroyed, or altered, any tree growing within the town limits on any property without a permit, as required by this chapter, unless such work is specifically exempted from tree permit requirements by this chapter. Consistent with Chapter 1.04 of this code, any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor. Each tree removed, destroyed, altered or maintained in violation of this chapter shall be deemed a separate offense.

(b) Penalties. Penalties for a misdemeanor shall be as set forth in California Government Code, and include fines of up to one thousand dollars, jail sentencing of up to six months, or both fine and imprisonment.

(c) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including those that have been adopted by reference herein, shall be subject to administrative citation and fines as set forth in Chapter 9.05 of Title 9 of this code.

(d) All fees, fines, levies, or other town-imposed costs associated with this chapter shall be used exclusively for town tree-related matters in implementation of this chapter.

(Ord. 796 § 2 (part), 1995; Ord. No. 1007, § 18, 6-15-2021)

(a) Permit Required. Any person desiring to remove, destroy or alter one or more trees on his or her property in the town, except those exempted from permit requirements in Section 15.50.050, shall apply in writing to the planning director for a permit to do so ("tree permit").

(b) Application. The application for a tree permit shall contain the precise number, species, size and location of the tree or trees to be removed, destroyed or altered, a detailed description of the work proposed, and a brief statement of the reason for removal or alteration, as well as any other pertinent information the planning director may require.

(c) Fee. The fee for a tree permit application shall be established from time to time by resolution of the town council. The fee for appeal of a tree permit decision shall be one hundred dollars.

(d) Town Trees Require Tree Permit. If the town desires to remove, alter or destroy any tree located on property in which the town has a fee, easement or any other interest, it may do so only after applying for and securing a tree permit; provided, however, that no such tree permit is required for the town's maintenance pruning of such trees, no such tree permit is required to remove a tree in emergency situations pursuant to section 15.50.050(7), and no such tree permit is required to remove a fire-prone tree pursuant to section 15.50.050(9).

(Ord. 840 § 1, 1999; Ord. 796 § 2 (part), 1995)

(Ord. No. 998, §§ 6, 7, 7-7-2020)

Notwithstanding anything to the contrary stated in this chapter, the following activities may be performed without first securing a tree permit:

(1) Trees Below Permit Size. On private property, the removal, destruction or alteration of trees with a single trunk circumference less than fifty inches (or multistemmed trees having an aggregate circumference of less than one hundred twenty inches), measured four and one-half feet above grade;

(2) Maintenance Pruning. Maintenance pruning, as defined in Section 15.50.020, of a tree by the tree owner;

(3) Topping of Special Tree(s). Topping of trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form;

(4) Trees in the Public Right-of-way. Trees in the public right-of-way do not require a tree permit for maintenance pruning by the town or the owner of the property (i) immediately adjacent to the public right-of-way or (ii) on which the public right-of-way is located;

(5) Undesirable Species. Undesirable species of any size may be altered, removed or destroyed without a tree permit. However, inspection of the tree and its confirmation as being an undesirable species by the town arborist are required prior to the removal, destruction or alteration of any undesirable species with a trunk circumference of fifty inches or more (or multistemmed tree having an aggregate circumference of one hundred twenty inches or more), measured four and one-half feet above grade. This procedure is for species identification only and does not require a permit;

(6) Public Utilities. Public utility companies subject to the jurisdiction of the California Public Utilities Commission may perform such pruning as is necessary to comply with the safety regulations of said commission and to maintain a safe operation of their facilities without a permit. However, they should notify the planning department at least three working days (except in emergencies) prior to taking any action. The planning director shall cause such pruning work to be inspected, when appropriate, to ensure that good pruning practices previously referenced are followed. The planning director shall have the authority to stop any tree pruning performed by a utility company if such practices are not being followed;

(7) Emergencies. In case of emergency, a tree located on private property or on property in which the town has a fee, easement or any other interest, may be removed without the necessity of a permit application as required by this chapter upon a determination by the town manager, or his/her designee, that removal of the tree is necessary for the immediate protection of life or property;

(8) View and Sunlight Claim. Any removal or alteration of a tree permitted or required under any order, award or agreement issued or entered into, respectively, pursuant to Article III of this chapter by which the right to a view and/or sunlight is established.

(9) Fire-Prone Trees. A fire-prone tree, as defined in Section 15.50.020, may be altered, removed, or destroyed without a tree permit upon confirmation by the town that it meets the definition of "Fire-Prone Tree"; and upon investigation and verification by the fire code official that the fire-prone tree is deemed to be a fire hazard. This procedure is for verification purposes only and does not require a permit.

(10) Trees removed pursuant to Title 22. Pursuant to state law, a tree permit is not required for any tree that is altered, removed, or destroyed in conjunction with a project developed under Title 22 (Objective Design and Development Standards). Replacement planting shall be provided as required in Title 22.

(Ord. 840 §§ 2, 3, 1999; Ord. 796 § 2 (part), 1995)

(Ord. No. 998, § 8, 7-7-2020; Ord. No. 1013, § 5, 12-7-2021)

The determination of the planning director in granting or denying a tree permit application shall be based upon the following factors:

(1) The condition of the tree with respect to disease, general health, root or other damage, public nuisance, fire hazard, danger of falling, proximity to existing or proposed structures and interferences with utility service, and whether or not the tree acts as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;

(2) The number of existing trees in the area, the number of healthy trees that a given parcel of land will support, and the current effects of the tree(s) and their removal on neighboring vegetation;

(3) The extent to which the tree(s) provide:

(A) Privacy,

(B) Energy conservation and/or climate control,

(C) Soil stability, as measured by soil structure, degree of slope and extent of tree root system(s);

(4) Other tree-related factors, including but not limited to, species, size, growth maintenance requirements, aesthetic form, vigor, location, screening, potential for replacement of removed trees, historic value, and the effect of tree removal or alteration upon the public health, safety, prosperity, beauty and general welfare of the area;

(5) Preservation/restoration of views and/or sunlight on an applicant's property.

(Ord. 796 § 2 (part), 1995)

(a) Review of Application. The planning director may refer the application to another department, committee or person for report and recommendation. Where appropriate, the planning director may also consider a written report from an independent tree expert at the applicant's expense, if agreed to by the applicant.

In granting a permit, the planning director may attach reasonable conditions to ensure compliance with the provisions of this chapter. When a permit is denied, the planning director shall state the reasons for said denial based on the factors specified in Section 15.50.060.

(b) Notice and Time Frame. When the planning director receives an application for a tree permit, notice of said application shall be mailed to the owners of all properties within three hundred feet of the property on which the tree(s) is (are) located, at least ten days prior to a decision by the planning director.

(c) Decision. The planning director may approve, conditionally approve or deny the application, and notice of the planning director's decision shall be mailed to the applicant and any other person requesting such notification.

(d) Appeal. Any interested party may appeal the planning director's decision. Such appeal must be submitted in writing to the planning department, with appeal fee, within ten days from the date of the planning director's decision, briefly stating the facts and grounds of the appeal. The planning director shall set the matter on the next available town council agenda and shall notify the appellant, applicant and all property owners within three hundred feet of the site in writing of such meeting. After a public hearing, the council may affirm, modify or reverse the planning director's decision.

If no appeal is received by the town, the permit shall become effective ten days after the date of the planning director's decision. It shall be the responsibility of the person actually removing or altering any tree under this chapter to have on his or her person the permit or a copy of the permit at the time of such removal or alteration.

(e) Lapse of Approval. A permit for removal or alteration of a tree shall lapse and become null and void one year following the date on which the approval became effective, unless, prior to the expiration of one year, work is commenced and diligently pursued toward completion on the site which was the subject of the application.

A tree permit may be renewed for an additional period of one year beyond its initial expiration date; provided that, prior to the expiration of the date when the original permit expires, an application for renewal of the tree permit is filed with the planning department. A renewal application involving any requested change to the tree work originally granted in the permit shall be treated as a new application, subject to all the provisions of this chapter.

(Ord. 796 § 2 (part), 1995)

(a) Zoning Decisions. Except for the first ten years after the zoning approval, the rights granted by this chapter may be asserted and established against any trees which are required to be maintained and/or planted pursuant to any approval granted pursuant to Title 18 of this code.

(b) Protection During Construction. When proposed developments may impact any tree, special construction techniques to protect the tree and roots may be required, as determined by the planning director, such as:

(1) The existing ground surface within the drip line of any tree shall not be cut, filled or compacted unless otherwise approved by the planning director. Welded wire fencing and hay bales may be required around the drip line. Tree wells may be used when approved by the planning director.

(2) Excavation adjacent to any tree, when permitted, shall be in such a manner that will minimize root damage. Inspection shall be required prior to backfilling. Pruning may be required by the town to compensate for root damage and/or removal, at the expense of the applicant or owner.

(3) No oil, gas, chemicals, heavy construction machinery, parking of vehicles, or other construction materials shall be stored or allowed to stand within the feeder root zone of trees protected by this chapter. Solvents, oils, or other liquid or solid waste shall not be, or be allowed to be, dumped within the feeder root zone.

(4) No signs, or wires, except those needed for support of the tree, shall be attached to any trees.

(Ord. 796 § 2 (part), 1995)

The purposes of this article, based on the purposes and principles listed in Section 15.50.010, are to:

(1) Recognize and establish the right of persons to preserve views, sunlight, trees or privacy on their property;

(2) Recognize and establish parity in the right of persons to preserve views, sunlight, trees or privacy on their property;

(3) Establish a process by which persons may seek restoration of such views or sunlight when unreasonably obstructed by the growth of trees.

(Ord. 797 § 2 (part), 1995: Ord. 796 § 2 (part), 1995)

Subject to the other provisions of this article, it is recognized that every person owning real property in the town has the right to have a reasonable amount of the view and sunlight benefitting his/her real property which existed at any time during the period beginning on the date that the complainant purchased the property and ending twelve months immediately following thereafter.

(1) Notwithstanding the above, no right to a view or sunlight may be established under this article as to any tree located in the public right-of-way; provided, however, that such rights may be established in accordance with this article as to trees located on property in which the town enjoys a fee interest, easement or any other interest, excluding trees located in the public right-of-way.

(2) Notwithstanding the above, no right to a view or sunlight may be established under this article as to any heritage tree, and heritage trees may not be altered, destroyed or removed on the basis of any provision of this article.

(3) Notwithstanding the above, a view or sunlight right may only be established based on the later of: (A) facts or conditions which occurred or existed no more than twenty years prior to the date the complainant first notifies the tree owner under Section 15.50.110(1); or (B) facts or conditions which occurred or existed during the one-year period specified in the first paragraph of this section.

(4) Notwithstanding the above, no view or sunlight right may be based upon and no view or sunlight right may be exercised with respect to any tree located more than three hundred feet from any boundary of complainant's real property.

(Ord. 797 § 2 (part), 1995: Ord. 796 § 2 (part), 1995)

To establish view and sunlight rights recognized and established herein, the complainant must follow the process established by this article. First, the complainant must complete the "initial discussion" process described below. Second, if that process does not yield a result mutually satisfactory to the complainant and the tree owner, then the complainant must seek to mediate his/her view/sunlight claim in accordance with this article. If the tree owner refuses to mediate or if the mediation is unsuccessful in resolving their differences, then the complainant must attempt to initiate arbitration as set forth hereinafter. If arbitration is not accepted by the tree owner, and the initial discussion and mediation have proved unsuccessful in resolving the view/sunlight claim, the complainant may then initiate litigation to determine his/her view/sunlight claim rights. Except for view claims brought under the second part of Section 15.50.100(1), no town action or decisions are required to establish or exercise a complainant's view and/or sunlight rights.

(1) Initial Discussion. A complainant who believes that tree growth on another person's property has caused unreasonable obstruction of views or sunlight from the complainant's active use area shall first notify the tree owner of such concerns.

The notification should, if possible, consist of personal discussion to enable the complainant and tree owner to attempt to reach a mutually agreeable solution.

(2) If Parties Agree. Following the initial discussion, if agreement is reached between the parties as to the existence and nature of complainant's rights and on what restoration action is to be taken on the tree(s) in question, that agreement shall be reduced to writing and executed by all parties concerned. Said agreement must set forth all of the matters described in Section 15.50.150; otherwise, it shall not be enforceable and grant no view or sunlight rights hereunder.

(3) If Parties Do Not Agree. If the parties do not agree as to the rights in question and what action should be taken regarding the tree(s) in question, the complainant must prepare and provide to the tree owner a view/sunlight claim (and provide a copy of the view/sunlight claim to the town).

(Ord. 797 § 2 (part), 1995: Ord. 796 § 2 (part), 1995)

A view/sunlight claim shall consist of all of the following:

(1) For the relevant period, a description of the nature and extent of the alleged obstruction, including pertinent and corroborating evidence. Evidence may include, but is not limited to, photographic prints, negatives or slides, and written testimony from residents living in the area. Such evidence must show absence of the obstruction at or during the relevant period of time. Evidence to show the date of property acquisition or occupancy by the complainant must be included;

(2) The exact location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner's name and address;

(3) Evidence of the failure of initial discussion as described in Section 15.50.110(1) to resolve the dispute. The complainant must provide evidence that written attempts at reconciliation under Section 15.50.110(1) have been made and have failed. Evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence;

(4) Specific view or sunlight restoration actions proposed by the complainant to resolve the unreasonable obstruction.

(Ord. 797 § 2 (part), 1995; Ord. 796 § 2 (part), 1995)

(a) Mediation. If the initial discussion fails to achieve agreement between the tree owner and complainant, the complainant shall prepare and deliver to the tree owner a written view/sunlight claim and propose mediation as a timely means to settle the obstruction dispute.

Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice either to accept or to reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within thirty days, and should commence mediation within sixty days.

The mediator shall consider and be governed by the purposes and provisions set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for view restoration action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for arbitration or litigation. Any agreement reached as a result of the mediation process described in this section must be reduced to writing and executed by all parties concerned. Said agreement must set forth all of the matters described in Section 15.50.150; otherwise, it shall not be enforceable and grant no view or sunlight rights hereunder.

(b) Arbitration. In those cases where the initial discussion process fails and where mediation is declined by the tree owner or has failed, the complainant shall offer in writing to submit the dispute to binding arbitration.

The tree owner shall have thirty days from service of notice to accept or reject arbitration. If accepted, the parties shall agree on a specific arbitrator within thirty days, and shall indicate such agreement in writing. If the parties do not agree on a specific arbitrator within thirty days, either party may petition the court to appoint an arbitrator.

The arbitrator shall be governed by the provisions of this chapter in deciding the view/sunlight claim and shall submit a complete written decision to the complainant and the tree owner. This decision shall decide all of the matters described in Section 15.50.150, and if the complainant prevails, shall include a pertinent list of all required view or sunlight restoration actions with any appropriate conditions concerning such actions, and a schedule by which the actions must be completed; otherwise, it shall not be enforceable and grant no view or sunlight rights hereunder. A copy of the arbitrator's decision shall be submitted by the complainant to the town planning director immediately after it is rendered. Any decision of the arbitrator shall be enforceable pursuant to the provisions of California Code of Civil Procedure § 1285, et seq.

(Ord. 796 § 2 (part), 1995)

If a complainant has unsuccessfully attempted to obtain agreement under Sections 15.50.110 and 15.50.130(a) and the tree owner has declined binding arbitration under Section 15.50.130(b), the complainant has the right to initiate civil action for resolution of his/her view/sunlight claim and the view or sunlight obstruction dispute under the provisions of this article.

The litigating complainant shall file a copy of the lawsuit with the town planning director.

(Ord. 796 § 2 (part), 1995)

Any person (the "complainant") desiring to remove, destroy or alter one or more trees on property owned or controlled by another person (the "tree owner") may do so only if the complainant:

(1) Establishes a right to do so under Section 15.50.100;

(2) Establishes said right and the nature thereof in accordance with the procedures specified in Sections 15.50.110 through 15.50.140; and

(3) Either enters into an agreement with the tree owner or obtains an arbitration or judicial decision:

(A) Establishing said right,

(B) Specifying, in detail, the nature of said right, and

(C) Specifying the nature and timing of the restoration action and the parties responsible for performing said action required to effectuate the said rights so established.

(Ord. 796 § 2 (part), 1995)

In determining the extent to which the complainant may exercise his/her view and/or sunlight rights otherwise established hereunder, the following factors shall be considered:

(1) The vantage point(s) from which the view is obtained;

(2) The extent of the alleged view or sunlight obstruction;

(3) The quality of the views which existed at or during the relevant time including existence of landmarks or other unique view features, and/or the extent to which the tree(s) blocks their view;

(4) The extent to which the view or sunlight is diminished by factors other than the tree(s) involved in the claim;

(5) The extent to which the tree(s) have grown to obscure the enjoyment of sunlight in the active use area of the complainant's property;

(6) The condition of the tree with respect to disease, general health, root or other damage, public nuisance, fire hazard, danger of falling, proximity to existing or proposed structures and interferences with utility service, and whether or not the tree acts as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;

(7) The number of existing trees in the area, the number of healthy trees that a given parcel of land will support, and the current effects of the tree(s) and their removal on neighboring vegetation;

(8) The extent to which the tree(s) provide:

(A) Privacy,

(B) Energy conservation and/or climate control,

(C) Soil stability, as measured by soil structure, degree of slope and extent of tree(s) root system;

(9) Other tree-related factors, including but not limited to, species, size, growth maintenance requirements, aesthetic form, vigor, location, screening, potential for replacement of removed trees, historic value, and the effect of tree removal or alteration upon the public health, safety, prosperity, beauty and general welfare of the area.

The above factors shall not preclude reasonable restoration of view and/or sunlight.

(Ord. 797 § 2 (part), 1995; Ord. 796 § 2 (part), 1995)

View and/or sunlight restoration actions must be consistent with all other provisions of this chapter, except that no tree permit as provided in Article II of this chapter, need be obtained. It is recommended that all tree work authorized by Article III of this chapter be performed or supervised by a certified arborist. Restoration action shall be limited to the following, in order of preference:

(1) Vista Pruning. Restorative actions shall be limited to the vista pruning of branches where possible.

(2) Crown Reduction. When vista pruning of branches is not a feasible solution, crown reduction shall be preferable to tree removal if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.

(3) Stand Thinning. The removal of a small percentage of the total number of trees from a grove of trees, without any replacement plantings.

(4) Topping. Eliminating the upper portion of a tree's trunk or main leader.

(5) Tree Removal, with Replacement Plantings. Tree removal, which may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings of appropriate plant materials to restore the maximum level of benefits lost due to tree removal. Replacement plantings at an appropriate ratio can be required on the tree owner's or the complain-ant's property. Such trees shall be maintained so as not to cause a view obstruction. Under no circumstances shall restorative action include the replanting of undesirable species.

(Ord. 796 § 2 (part), 1995)

The complainant shall have the responsibility for paying for initial restoration actions. After this initial action, the cost of subsequent restoration actions shall be shared as determined by agreement between the tree owner and the complainant, or as ordered by arbitration decision or court order.

For "undesirable species" (see definition), initial restoration action shall be the responsibility of the complainant. Thereafter, however, the tree owner shall pay for the cost of restoration actions, other than removal, applied to undesirable species, unless otherwise agreed through mediation or ordered by arbitration decision or court order.

(Ord. 797 § 3, 1995: Ord. 796 § 2 (part), 1995)

(a) The town shall not be liable for any damages, injury, costs or expenses which are the result of any decision made by the town or any other person (e.g., mediator, arbitrator or judge) concerning a view/sunlight claim or a complainant's assertions pertaining to views or sunlight rights granted or conferred in this chapter.

(b) Under no circumstances shall the town have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision it or any other person (except in a case where the town is a named party and is subject to a lawful order of a court of competent jurisdiction) makes concerning a view/sunlight claim.

(Ord. 796 § 2 (part), 1995)

Costs of the mediator or arbitrator shall be apportioned between the complainant and tree owner according to the following schedule:

(Ord. 796 § 2 (part), 1995)