Hillsborough Municipal Code Ch. 14.04 Tree Removal

A. This chapter is adopted because the town has been forested by stands of oak, bay, redwood, pine and other trees, the preservation of which is necessary for the health and welfare of the citizens of this town in order to preserve the scenic beauty, prevent erosion of soil, protect against flood hazards and the risk of landslides, counteract the pollutants in the air, maintain the climatic balance and decrease wind velocities, and relieve the public of cost of installing and maintaining storm water drainage systems.

B. It is the intent of this chapter to establish regulations for the removal of trees in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of private property.

(Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 346 § 2, 1977; Ord. 322 § 1, 1973; prior code § 100.7.10)

As used in this chapter, the following words have the meaning respectively ascribed to them, unless otherwise specifically indicated in this chapter:

"Certified arborist" means an arborist certified by the International Society of Arboriculture (ISA) with current certification standing, meeting all current renewal requirements, and continuing education requirements; or an American Society of Consulting Arborists (ASCA) consulting arborist with current membership standing, meeting all continuing education requirements.

"Grove" means a group of a least five woody plants of the same type with a diameter of six inches or more measured at four feet, six inches above natural grade.

"Protected Tree" means:

1. Any tree species, which measures eighteen inches or more in cumulative diameter, measured at four feet six inches above natural grade.

2. Any tree planted as a requirement tree for site development, tree permit condition, landscape plan removal replacement, or other designated condition by the city.

3. "Protected tree" does not include any tree grown or held for sale by a licensed nursery.

"Removal of a tree" means any pruning, cutting, or damage to any portion of a tree, in the opinion of a town-qualified arborist, shall in effect permanently compromise the health and safety of a tree.

"Town-qualified arborist" means any certified arborist authorized to work on behalf of the town of Hillsborough.

"Tree" means any woody plant which has a trunk with a diameter of six inches or more measured at four feet, six inches above natural grade.

"Tree protection plan" means a document prepared by a certified arborist stating the type of protection needed, steps required and approved work within the dripline or other designated protected areas near protected trees. The tree protection plan shall be included on all construction documents, specification documents, and explained to all contractors and subcontractors working on the subject project.

"Tree protection zone" means a zone of protection that extends five feet from a tree's dripline, or fifteen feet from the trunk (whichever is greater), and shall be clearly delineated with protective fencing and signage in order to clearly identify the area where no construction work is to take place.

(Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 322 § 1, 1973; prior code § 100.7.20)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. All subdivision maps or divisions of land filed for tentative approval shall include an arborist report prepared by a certified arborist that clearly designates all protected trees and/or groves upon the property proposed for subdivision or division. Those protected trees and/or groves proposed to be removed and those protected trees and/or groves proposed to be retained shall be shown by canopy size and species on the map. Any proposed additions or replacements of protected trees and/or groves shall also be indicated by canopy size at maturity and species on the map, and will require a tree removal permit.

B. Should a protected tree require removal in a subdivision, a protected tree removal permit must be submitted. A protected tree removal permit application, which can be obtained from the building and planning department, must include the following:

1. A site plan including a map showing the location, species, and size of the tree(s);

2. An arborist report, which shall include a discussion of those matters city council shall consider in determining conditions to be imposed under this chapter as outlined in subsection J of Section 14.04.030;

3. A letter indicating why removal is requested;

4. A statement indicating the number of replacement trees to be replanted and the nature of any associated maintenance; and

5. The appropriate fee as determined by the town. The fee is based on valuation; however, additional fees may be required based upon a determination by the town-qualified arborist, or if a public notice must be prepared (depending on the scope and nature of the proposed removal).

C. Within three business days of submitting an application for tree removal under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:

1. Notice that a tree removal permit application has been submitted;

2. The anticipated start and end dates for removal;

3. Contact information for the town planning division; and

4. Contact information for the property owner.

D. Within one business day of completion of mailing, the property owner shall submit to the building and planning department a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.

E. A town-qualified arborist shall review the arborist report to determine the accuracy of the report; and provide the findings to the city engineer. The city engineer shall, at the time the tentative subdivision map or application for division of land comes up for consideration by the city council or appropriate city officer, render their opinion as to whether the tree removal and/or replacement proposal should be accepted, rejected or modified. In rendering such opinion, they shall take into consideration the analysis of the town-qualified arborist and recommendations adopted by resolution of the city council from time to time as to which trees are desirable and which undesirable for various purposes and locations within the town.

F. The city council or other appropriate city officer shall, at the time of making its tentative approval, consider the report of the city engineer and any other pertinent information and either accept, reject, or modify the tree removal and/or replacement proposal made by the property owner under this chapter. A decision made by a city officer may be appealed to the city manager.

G. The developer of the property shall, as a condition to the final approval of the subdivision map or division of land, agree in writing to comply with such conditions imposed under this chapter and secure the performance of such agreement in the same manner required by the "Subdivision Map Act" of the state of California for the installation of any improvement on the property involved. The agreement shall contain any conditions imposed by the town in regards to maintenance of existing protected trees and replacement of removed protected trees.

H. The developer shall be required, as a part of the agreement, to submit a tree protection plan and establish a tree protection zone prior to the commencement of site development for any protected trees and/or groves finally agreed to be retained. The tree protection zone will extend five feet from a tree's dripline, or fifteen feet from the trunk (whichever is greater), and shall be clearly delineated with fencing and signage in order to clearly identify the area where no work is to take place. The tree protection plan shall clearly define the steps to protect the root systems of such protected trees and/or groves during all periods of construction of improvements and/or grading operations.

I. Final approval of a map by the town shall constitute a permit to remove any protected trees and/or groves designated on the tentative map as approved. Any changes in the protected trees and/or groves to be removed as so designated and approved by the town shall require an application for a new permit under the provisions of this chapter.

J. The city council shall consider the following matters in determining conditions to be imposed under this chapter:

1. The type of trees, their desirability in the neighborhood, and the condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures, and interferences with utility services;

2. Necessity to remove trees in order to construct proposed improvements to allow reasonable economic enjoyment of the property upon which trees are located. The following should be considered in this context:

a. Mitigation measures proposed to minimize the adverse impact;

b. Alternative plans for development which will lessen the adverse impact on the removal;

c. Assessment of the relationship between local short term benefit and detriment to the long term benefit and detriment (e.g. replacing open space with housing);

3. Topography of land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters;

4. Number of trees existing in the neighborhood on improved property and the effect of the tree removal on the neighborhood;

5. Good urban forestry practices, including, but not necessarily limited to, implementing tree protection and mitigation measures to ensure no net loss canopy cover will occur.

K. The city council may, upon motion, exclude any subdivision from the operation of this article which is subject to site or architectural control sufficient to accomplish the purpose of this chapter.

(Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 322 § 1, 1973; prior code § 100.7.30)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. All protected tree removals require review and approval from the building and planning department (by the architecture and design review board or administratively at the staff level). A tree removal permit must be obtained from the building and planning official, or designee.

B. Protected tree removal on improved land, not described in subsection A of this section, shall comply with the provisions of Chapter 17.56.

C. A tree removal permit, issued by the building and planning department, must include the following:

1. A site plan showing the location, species, and size of the tree(s).

2. An arborist report, which shall include a discussion of those matters city council shall consider in determining conditions to be imposed under this chapter as outlined in subsection F of Section 14.04.040.

3. A letter indicating why removal is requested.

4. A statement indicating the number of replacement trees to be replanted and associated maintenance.

5. The appropriate fee as determined by the town. The fee is based on valuation; however, additional fees may be required based upon a determination by the town-qualified arborist, or if a public notice must be prepared (depending on the scope and nature of the proposed removal).

D. Within three business days of submitting an application for a tree removal permit under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:

1. Notice that a tree removal permit application has been submitted;

2. The anticipated start and end dates for removal;

3. Contact information for the town planning division; and

4. Contact information for the property owner.

5. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.

E. Notwithstanding the provisions of subsection A of Section 17.56.050, the building and planning official, or designee, may issue a permit for the removal of a protected tree described in such subsection A if the owner or occupant of the real property on which the protected tree is located presents a written opinion from a certified arborist that, because of disease or damage or danger to persons or property, the protected tree needs to be removed within the next thirty days. All written opinions presented to the town shall be reviewed by a town-qualified arborist to verify the accuracy and assessment of the subject tree(s) identified for removal prior to approval of the building and planning department.

F. The building and planning department shall consider the following in determining their approval or denial:

1. Type of tree.

2. Desirability in the neighborhood.

3. Condition of the tree with respect to disease, danger of falling, or interference with utility services.

4. Effect on erosion, soil retention, and the diversion or increased flow of surface water.

5. Good forestry practices.

6. Number of existing trees to remain.

7. Alternatives available.

(Ord. 654 §§ 16 (part), 17, 2004; Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 346 § 3, 1977; Ord. 322 § 1, 1973; prior code § 100.7.33)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. No protected tree removal shall be permitted on any vacant unimproved land without a tree removal permit.

B. As part of the permit process, the following documents must be submitted:

1. A site plan showing the location, species, size of the tree(s).

2. An arborist report, which shall include a discussion of those matters city council shall consider in determining conditions to be imposed under this chapter as outlined in subsection F of Section 14.04.040.

3. A letter indicating why removal is requested.

4. A proposal for replanting and maintenance.

5. The appropriate fee as determined by the town. The fee is based on valuation; however, additional fees may be required based upon a determination by the town-qualified arborist, or if a public notice must be prepared (depending on the scope and nature of the proposed removal).

C. Within three business days of submitting an application for tree removal, under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:

1. Notice that a tree removal permit application has been submitted;

2. The anticipated start and end dates for removal;

3. Contact information for the town planning division; and

4. Contact information for the property owner.

5. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.

D. The building and planning department shall consider the following in determining their approval or denial:

1. Type of tree.

2. Desirability in the neighborhood.

3. Condition of the tree with respect to disease, danger of falling, or interference with utility services.

4. Effect on erosion, soil retention, and the diversion or increased flow of surface water.

5. Good forestry practices.

6. Number of existing trees to remain.

7. Alternatives available.

(Ord. 654 § 16 (part), 2004; Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 346 § 4, 1977; Ord. 322 § 1, 1973; prior code § 100.7.37)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. Protected trees approved for removal shall be replaced, unless the finding is made at the time of granting an application that the site is inadequate to support the required number of replacement trees, as follows:

1. Protected trees that prevent reasonable development shall be replaced within one year of removal by a minimum of one tree recommended or approved by the town-qualified arborist. Minimum replacement tree size shall be twenty-four-inch box. In the event that the replacement tree dies, continuing responsibility on the part of the property owner to replace the tree with one of comparable size, within six months of the replacement tree's demise, shall exist;

2. Continuing maintenance of required replacement trees by the property owner(s) or their successors shall be required. The property owner shall be required to notify any subsequent property owner of the continuing obligation to maintain the replacement trees.

B. In cases where site cannot support all of the trees required for replacement purposes, the applicant may instead pay in-lieu fees to the town's tree replacement fund according to a fee schedule established by resolution of the building and planning department.

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. Any person who damages or destroys a tree, in violation of this chapter or any agreement entered into pursuant thereto, shall be guilty of a misdemeanor. In addition, if any tree has been so damaged or destroyed, the building and planning official may require that such tree be restored to its former condition under the direction of, and to the approval of, a town-qualified arborist.

B. If the tree is not capable of being restored to its former condition, or has been destroyed, a penalty will be assessed of either one hundred fifty dollars per inch of trunk diameter of the removed tree, or the appraised value of the removed tree as determined by the most recent edition of the International Society of Arboriculture (ISA) Guide for Plan Appraisal, whichever is greater. An additional fee may be assessed to mitigate damages caused during the tree removal. In addition, a replacement tree will be required that is a minimum of thirty-six-inch box size of a species approved by the town, and that it be replaced within six months.

C. The building and planning official shall base their approval upon the similarity of size and species of the replacement tree to the tree which was destroyed unless such a replacement would create great hardship to such person subject to the requirements of this title.

D. The building and planning official shall be responsible for making any necessary factual determination under this section and shall put such determination in writing and mail it to the person alleged to have caused the violation.

E. Whenever the person in receipt of a penalty for a violation of this chapter disagrees with the determination of the building and planning official regarding the tree(s) in question, that person may file a written request with the building and planning official for reconsideration of their decision. Such request must be filed within ten days after the city has mailed to the applicant a written notice of the building and planning official's initial determination. Upon receipt of the request for reconsideration, the building and planning official shall schedule a hearing to address the appellant's responsibility for the death of the tree and/or the value of the replacement tree, whichever ground(s) the appellant has cited in their request for reconsideration. The building and planning official shall consider the evidence submitted at the hearing and shall issue their final decision in writing and mail it to the appellant. The appellant may then appeal this decision to the city council if such appeal is filed in writing within ten days after the building and planning official's decision was mailed. The city council shall issue a notice to the appellant, which notice shall state that the applicant or permittee may submit any evidence it deems relevant on this matter and that a hearing will be held on a date specified, no earlier than twenty days after the date of the mailing of the notice. The appellant shall be notified in writing of the city council's determination within thirty days of the hearing. The decision of the city council shall be final. Once the decision is final, any penalties and assessments may be collected by the building and planning official.

(Ord. 618 § 11 (part), 2001; Ord. 608 § 3 (part), 2000: Ord. 322 § 1, 1973; prior code § 100.7.40)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

A. The building and planning department may suspend any permit processing or issue a stop work notice pending city council review, and shall have the authority to request the city council to withhold issuance of building permits, for up to a maximum of six months, and to revoke any building permit issued for which construction has not commenced, with respect to any property on which any protected tree or grove has been removed or relocated in violation of this Chapter 14.04.

B. The request to withhold issuance of a building permit shall be made in writing by a staff representative of the building and planning department and shall specifically state the start date and end date of the period of time for which staff has deemed the withholding to be necessary pursuant to subsection D of this section. The period shall commence on the date the city council first becomes aware of the removal of the tree or grove; provided, however, the authority of the city council to act shall not apply to a purchaser, or to their agent, who in good faith and for valuable consideration has acquired title to the property subsequent to the illegal removal or relocation of any protected trees and prior to the recordation of the notice of intent as provided for in subsection C of this section.

C. The city council shall notify the applicant or permittee in writing of its intent to act pursuant to this section. The notice shall state that the applicant or permittee may submit any evidence it deems relevant on this matter. A hearing will be held on a date specified in the notice. A copy of the notice shall also be mailed to the owner of the property, if different from the applicant or permittee, as shown on the last equalized assessment roll, and to any person holding a deed of trust, mortgage, or other security interest in the property as revealed by a title search with respect to the property. A copy of the notice shall also be recorded by the city council.

D. The city council hearing shall be set on a date no earlier than twenty days after the date of the mailing of the notice provided for in subsection C above. At the hearing, if the facts indicate, the city council shall make a finding that the applicant or permittee is not a purchaser in good faith and for valuable consideration who acquired title to the property subsequent to the illegal removal or relocation of the protected tree or grove and prior to the recordation of the notice of intent as provided for in subsection C above. In the event the city council finds that a protected tree or grove was removed or relocated in violation of Chapter 14.04 of this Code, it shall specify the length of time the issuance of building permits shall be withheld and whether building permits for which construction has not commenced shall be revoked. In making its determination, the city council shall consider the following factors:

1. The number of trees and/or groves removed or relocated;

2. The size and age of the trees or groves removed or relocated;

3. The knowledge and intent of the owners of the property with respect to the removal or relocation; and

4. Prior violations of law with respect to removal or relocation of protected trees and groves.

The applicant or permittee shall be notified in writing of the city council's determination within thirty days of the hearing.

(Ord. No. 789, § 1(Exh. A), 3-13-2023)