§ 22.27

The purpose of this chapter is to promote the health, safety, and general welfare of the residents of Marin County, insofar as trees provide a wide variety of functions, values and benefits including:

1.

Providing an important and essential functional element of the plant communities that constitute Marin County's natural heritage;

2.

Providing habitat for wildlife;

3.

Stabilizing soil and improving water quality by reducing erosion and sedimentation;

4.

Allowing for the natural replenishment of groundwater supplies by reducing stormwater runoff;

5.

Controlling drainage and restoring denuded soil subsequent to construction or grading;

6.

Preserving and enhancing aesthetic qualities of the natural and built environments and maintaining the quality of life and general welfare of the County;

7.

Reducing air pollution by absorbing carbon dioxide, ozone, particulate matter, and producing oxygen;

8.

Assisting in counteracting the effects of global warming resulting from the depletion of forest and urban trees;

9.

Conserving energy by shading buildings and parking areas;

10.

Maintaining and increasing real property values;

11.

Reducing wind speed and human exposure to high winds and other severe weather; and

12.

Assisting in reducing noise pollution through the effects of vegetative buffers.

(Ord. No. 3577, 2012)

This Chapter applies only to "protected trees" as defined in Article VIII (Development Code Definitions) on improved and unimproved lots as defined in Article VIII in the non-agricultural unincorporated areas of Marin County.

(Ord. No. 3577, 2012)

Protected Trees shall not be removed except in compliance with Section 22.62.040 (Exemptions), and as provided for in Chapter 22.62 (Tree Removal Permits).

(Ord. No. 3577, 2012)

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed § 22.27.035, which pertained to Oak Woodland Management Guidelines and derived from Ord. No. 3577, adopted Jan. 24, 2012.

In order to mitigate for any trees removed under the provisions of this Chapter, the Director may require one or more of the following:

A.

Establishment and maintenance of replacement trees in conformance with Countywide Plan policies, the Landscaping Objectives identified in section 22.26.040 of this Development Code, the Single-Family Residential Design Guidelines, and/or the vegetation management requirements of the Marin County Fire Department or local Fire Protection District, as applicable.

B.

For large properties, a management plan which designates areas of the property for preservation of stands of trees or saplings and replacement plantings as required.

C.

Removal of invasive exotic species.

D.

Posting of a bond to cover the cost of an inspection to ensure success of measures described above.

In the event that tree planting on the site is not feasible or appropriate, the Director may require in lieu of planting on the specific property, the payment of money in the amount of $500.00 per replacement tree to be deposited into the Tree Preservation Fund managed by the Marin County Parks and Open Space Department for planting, maintenance, and management of trees and other vegetation.

(Ord. No. 3577, 2012)

Where any person, firm, or corporation violates the provisions of this Chapter, the Director may pursue an enforcement action in compliance with Chapter 22.122 (Enforcement of Development Code Provisions), and County Code Chapter 1.05 (Nuisance Abatement). The enforcement action may result in substantial fines for enforcement costs and civil penalties over and above any funds paid into the Tree Preservation Fund, the exact amount to be determined through the abatement process.

(Ord. No. 3577, 2012)

Money received in lieu of replacement planting shall be forwarded to the Director of the Marin County Parks and Open Space Department for deposit in a Tree Preservation Fund. Under no circumstances shall the monies collected by the Department for the Tree Preservation Fund be directed to any other account or used for any purpose other than the planting, maintenance, and management of trees or other vegetation:

A.

On lands owned and managed for park or open space purposes by the Marin County Parks and Open Space Department or the County of Marin; and

B.

For public uses as directed by the Marin County Board of Supervisors.

(Ord. No. 3577, 2012)

The Director may conduct a site inspection and require a site plan or arborist's report to determine whether trees have been removed in violation of this chapter.

(Ord. No. 3577, 2012)

22.27.090 - Liability.

Nothing in this Chapter shall be deemed to impose any liability upon the County, its officers and employees, nor to relieve the owner of any private property from the responsibility to maintain any tree on his/her property in such condition as to prevent it from constituting a hazard or impediment to travel or vision upon any public right-of-way.

(Ord. No. 3577, 2012)

Chapter 22.28 - SIGNS[[4]]

Footnotes:

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Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed the former Ch. 22.28, §§ 22.28.010—22.28.060, and enacted a new Ch. 22.28 as set out herein. The former Ch. 22.28 pertained to the same subject matter and derived from Ord. No. 3577, adopted Jan. 24, 2012.