Chapter 8.12 — FELLING, REMOVAL, DESTRUCTION, DAMAGING AND REPLACEMENT OF TREES

Editor's note— Ord. No. 482, §§ 1, 2, adopted May 27, 2008, repealed the former Ch. 8.12, §§ 8.12.010— 8.12.160, and enacted a new Ch. 8.12, §§ 8.12.010—8.12.160, as set out herein. The former Ch. 8.12 pertained to similar subject matter.

The ordinance codified in this chapter shall be known as the "Town of Paradise Tree Preservation Ordinance."

(Ord. No. 482, § 2, 5-27-2008)

A.

In enacting the following regulations, it is important to note that the town is situated in a scenic foothill forest area with a reputation as a restful urban forest. It is the responsibility of all residents and/or property owners of the town to maintain the aesthetic beauty of the town for the benefit of all residents and visitors to the town.

B.

The residents of the town believe that trees are a valuable asset that make our environment a healthier and more beautiful place in which to live. It is, therefore, important that the following advantages be emphasized and recognized:

Trees enhance the habitat of desirable wildlife.

Trees aid in preventing erosion, storm damage and flood damage.

Trees reduce wind velocity by creating wind breaks.

Trees reduce traffic noise, provide shade and promote clean air by converting carbon dioxide to oxygen, and/or absorb pollutants and particulate matter.

Trees improve the aesthetics of the town.

Tree preservation enhances the environmental and economic values of property.

Trees protect stream corridor habitats.

C.

The provisions of this chapter are intended:

To limit the indiscriminate felling, removal and destruction of healthy trees.

To preserve the natural beauty of the area.

To maintain a healthy, forested environment by promoting the felling and removal of trees significantly affected by pathogens or invasive insects.

To promote proper tree care and management through education.

(Ord. No. 565, § 1, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

Ord. No. 538, § 2, adopted March 11, 2014, effective Apr. 10, 2014, repealed § 8.12.030, which pertained to tree advisory committee and derived from Ord. No. 482, § 2, adopted May 27, 2008.

A.

It shall be unlawful to fell a qualifying tree without a duly issued permit in accordance with the provisions of this chapter. A permit shall be required for the felling of qualifying trees that measure either thirty-one (31) inches or greater in circumference or ten (10) inches or greater in diameter at breast height (dbh). All tree measurements shall be taken at breast height, defined as four (4) feet, six (6) inches above natural grade as measured on the uphill side of the tree. Any permit application filed with town officials proposing the felling of a total of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall contain a written explanation by a tree expert under penalty of perjury that the qualifying tree or trees must be felled based on circumstances for felling and/or removal under Section 8.12.090 of this chapter. No person shall fell or remove a qualifying tree from real property prior to permit approval.

B.

A permit fee for the felling of any qualifying tree shall be established by the town council. The permit fee and any cost charged for evaluation by a tree expert shall be the responsibility of the property owner.

C.

Except as provided in Section 8.12.090 of this chapter, tree felling permit applications shall be subject to review, approval or denial as follows:

Tree felling permit applications proposing to fell a total of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall be subject to approval or denial by the planning

commission or by the planning director based on which one has the approval authority for a related planning and/or land use entitlement application pursuant to town subdivision and zoning regulations.

Tree felling permit applications proposing the felling of nine (9) or more qualifying trees from a single legal parcel within a twelve (12) consecutive month period shall be subject to approval or denial by the planning director or the planning commission upon referral by the planning director, whenever the application is not related to a planning or land use entitlement.

Tree felling permit applications proposing the felling of eight (8) or fewer qualifying trees from a single legal parcel within a twelve (12) consecutive month period or the felling of any number of qualifying trees relating to a single-family residential land use shall be acted upon by the town manager, or his/her designee and may in the judgment of the town manager require an evaluation by a tree expert.

For purposes of creating a fire-safe environment for new single-family land uses, qualifying trees located within thirty (30) feet of new building foundations may be felled subject to the issuance of a tree felling permit issued administratively by the town manager or his/her designee.

D.

A tree felling permit shall be valid for a period of ninety (90) days after the date of issuance. An extension of an unexpired permit for up to an additional forty-five (45) days may be granted by the town manager, or his/her designee if acts of nature prevent the felling of trees due to unusual and extraordinary circumstances beyond the control of the permittee.

E.

A minor modification to an approved, unexpired tree felling permit may be granted at the discretion of the town manager or his/her designee for up to three (3) additional, deleted or alternative qualifying trees, based upon a clear demonstration of the need for such a modification due to unforeseen circumstances. If any increase in the number of qualifying trees for an administratively approved tree felling permit results in a total of nine (9) or more qualifying trees proposed to be felled, a public hearing before the planning director or by the planning commission upon referral by the planning director shall be required (excepting single- family land uses).

F.

In reviewing an application, the town council, planning commission, planning director or town manager may require a second opinion from a tree expert regarding the necessity to fell one or more qualifying trees. The cost for such a second opinion shall be at the sole expense of the permittee.

(Ord. No. 565, § 2, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

Permit applications shall include the following information:

A.

Name of legal landowner;

B.

Address of property where qualifying trees are to be felled and/or removed;

C.

Number, diameter or circumference (at dbh), tree species type and location of qualifying trees proposed for felling and/or removal;

D.

Expected date of commencement of felling and/or removal;

E.

The reason for the proposed tree felling and/or removal of each tree;

F.

History of past tree felling permits of affected property, if applicable; and

G.

A plot plan map if eight (8) trees or less; and a plot plan map drawn to scale if nine (9) trees or more.

(Ord. No. 565, § 3, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

Written notice of the planning commission or planning director, as appropriate, public hearing on an application for a tree felling permit shall be provided by the town at least ten (10) days prior to the hearing date. The notice of public hearing shall include the location, time and date of the public hearing and shall be given by mail, using addresses from the latest equalized assessment roll, to all owners of property located within a minimum three hundred-foot distance of any boundary of the subject property. The applicant shall be responsible for costs incurred by the town for mailing the notice of public hearing.

(Ord. No. 482, § 2, 5-27-2008)

Concurrently with the approval or conditional approval of any development project application involving tree felling activities that are subject to review under this chapter, a tree felling permit application for the project shall be reviewed and acted upon by the planning commission or planning director, as appropriate.

(Ord. No. 482, § 2, 5-27-2008)

Prior to the commencement of tree felling activity, a town approved tree felling permit shall be clearly posted by the applicant or his/her representative at the site of tree felling and/or removal activities. Once the permitted tree felling is completed, the permittee shall remove the permit and/or any other posted documentation within seven (7) days.

(Ord. No. 482, § 2, 5-27-2008)

The town manager and his/her designee shall have the authority to revoke any town approved tree felling permit if it is determined that the permittee has failed to comply with the conditions of the approved tree permit or the provisions of this chapter.

(Ord. No. 482, § 2, 5-27-2008)

It is unlawful for any person to commit an act which is prohibited by this chapter. Any violation of this chapter shall constitute an infraction. The felling, removal or damage of a tree in violation of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00) per tree. Any person found guilty of violating this chapter shall be fully responsible for all costs relating to enforcement, investigation and legal costs associated with an infraction.

(Ord. No. 482, § 2, 5-27-2008)

A.

All departments and employees of the town vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit for tree felling in conflict with the provisions of this chapter, and any such permit issued in conflict with the provisions of this chapter shall be null and void.

B.

In addition to complying with the provisions of this chapter, no tree felling permit shall be issued if the activities described in the application would violate the zoning provisions of Title 17 of the Paradise Municipal Code.

C.

The enforcement of the provisions of this chapter shall be vested with the town manager or his/her designee.

(Ord. No. 482, § 2, 5-27-2008)

Investigations, penalties and enforcement of the provisions of this chapter shall be conducted or applied as specified and regulated in this code.

(Ord. No. 482, § 2, 5-27-2008)

A.

The following activities shall be exempt from the provisions of this chapter and shall not require the application and issuance of a tree felling permit:

Felling of trees that are less than thirty-one (31) inches in circumference or less than ten (10) inches in diameter measured at breast height (dbh).

Felling of any tree that is dead (a dead tree is defined as one in which one hundred (100) percent of the foliage-bearing crown is dead or fading in color from a normal green to yellow, sorrel or brown, excluding normal autumn coloration changes).

Felling of any tree that is diseased (a diseased tree is defined as one that, based upon certification by a tree expert or other substantial evidence, has a strong likelihood of dying within one year and infecting other trees in the area with pathogens or invasive insects).

Felling of any fruit or nut tree (fruit or nut trees are those tree species that are commonly grown in orchards for the production of food products and do not include trees indigenous to Paradise).

Felling of any tree that is directly causing visible damage to property improvements.

Felling of any tree by a public utility for the purpose of repairing, maintaining or installing service lines.

Tree(s) that must be felled to accommodate street maintenance activities or the establishment of a town- funded capital improvement project.

B.

A tree felling permit shall be issued only if one or more of the circumstances listed in this subsection exist, based on substantial evidence.

Circumstances:

The tree(s) are hazardous.

The tree(s) to be harvested are in an area zoned by the town for commercial timber harvesting as defined in Section 17.04.500 of the Paradise Municipal Code.

The tree(s) must be felled in order to maintain long-term forest stability; through a thinning plan or timber stand management plan prepared by a tree expert as defined in this chapter with consideration of the following:

a.

The tree(s) are infested or infected by insects, pathogens or parasites that immediately threaten the viability of those trees or have the capacity of spreading to surrounding trees.

b.

The tree(s) are not indigenous to the area and are considered noxious to indigenous plants.

The tree(s) must be felled for fire hazard reduction purposes based upon the following:

a.

At least fifty (50) percent of the larger diameter trees within a given stand (overstory) shall remain.

b.

Completion of fire hazard measures as required by the State Forest Practices Rules under Title 14 of the California Code of Regulations.

The tree(s) must be felled to reasonably accommodate the following activities:

a.

The tree interferes with the construction and establishment of a town authorized structure or structure addition.

b.

The tree interferes with the construction of a town authorized driveway, parking lot or area, walkway, patio, swimming pool or deck.

c.

The tree is located within an area to be graded or filled as approved by the town.

d.

The tree interferes with the repair or installation of a town authorized wastewater treatment and disposal system.

e.

The tree interferes with the construction of private or public access and/or drainage improvements.

f.

The tree interferes with the repair, safe operation or an essential function of a town authorized land use.

g.

The tree prevents or interferes with the establishment or expansion of a town permitted accessory land use.

h.

The tree interferes with the installation, repair or the safe operation of a private utility service.

i.

The tree must be felled for a reason or reasons similar to the forgoing.

C.

Reasonable conditions may be imposed upon the issuance of a tree felling permit.

D.

The tree felling application requirement may be waived by the town manager or his/her designee upon notification and verification by a tree expert or the submittal of other substantial evidence that the qualifying tree(s) create an emergency/dangerous situation or create a significant risk of spreading pathogens or insect infestations to surrounding trees.

(Ord. No. 565, § 4, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

It is unlawful for any person to cause damage to a qualifying tree as prohibited by this section.

A.

No person shall willfully face-cut, girdle or otherwise fatally injure a qualifying tree unless the tree is included upon a valid tree felling permit issued by the town.

B.

No person shall trench, excavate, alter the grade, place impervious surfacing or cause mechanical damage to the root zone within an area comprising more than fifty (50) percent of the drip line area of a tree prior to the issuance of a tree felling permit related thereto.

(Ord. No. 482, § 2, 5-27-2008)

A.

All development projects shall be designed and construction activities executed in a manner which considers the retention and protection of existing trees.

B.

No tree felling permit shall be issued to accommodate new commercial, community services, industrial or residential construction unless and until any required septic system construction permit has been issued and any required building permit applications have been filed with the town. Further, no tree felling permit shall be issued to accommodate the construction of road, drainage or site improvements unless and until any required improvement plans have been approved and signed by the town engineer, or his/her designee.

C.

All trees that are not being removed shall be protected from damage by equipment used during construction in accordance with adopted town regulations and policies.

(Ord. No. 482, § 2, 5-27-2008)

A.

A tree owner may submit an application to the town requesting that the town council establish by town adopted and recorded resolution the designation of a tree or group of trees located on his or her property as a landmark tree(s). Applications shall be submitted on a form supplied by the town and shall not be subject to an application fee. The town council may also, on its own motion, commence the process of designating a landmark tree. The town shall notify the owner of the proposed landmark tree(s) by mail twenty (20) days prior to the meeting to consider the application. Once an application has been submitted, and prior to town council action, the tree or trees shall be afforded the same level of statutory protection as a designated landmark tree.

B.

In order to designate a tree as a landmark tree, the town council must find that the tree is a significantly beneficial feature of the community because it possesses one or more of the following attributes:

The tree is an outstanding specimen of a desirable species;

The tree is one of the largest or oldest trees in Paradise;

The tree is of historical interest; or

The tree is of distinctive appearance.

(Ord. No. 482, § 2, 5-27-2008)

A.

No person shall fell, remove, substantially encroach into the root zone, top or relocate any town designated landmark tree unless a valid tree permit has been reviewed and approved by the town planning commission or the planning director pursuant to the procedures outlined in this chapter. Provided, however, that in case of emergency when a tree is hazardous or dangerous to life or property it may be pruned or felled by order of the town manager or a majority of the town council.

B.

No tree permit application proposing the felling or alteration of landmark trees shall be approved unless the application is accompanied by written certification from a tree expert that one of the following circumstances apply to the tree(s):

The location of the tree(s) would otherwise prevent reasonable development of the property in accordance with development permit(s) that have been submitted to the town and are under review. Existing development on similar sites in the same zone and having similar characteristic shall be considered when determining reasonable development of permitted land uses.

The condition of the tree(s), with respect to general health; disease; maturity; structural integrity; proximity to existing improvements is such that the tree constitutes a safety hazard that cannot be controlled or remedied through reasonable preservation procedures and practices.

(Ord. No. 482, § 2, 5-27-2008)

An owner of a landmark tree may submit an application to the town requesting that the town council declassify by resolution a tree or group of trees previously designated as a landmark tree(s). The town council may also, on its own motion commence the process of declassifying a landmark tree. The town shall notify the owner of the landmark tree(s) twenty (20) days prior to the town council meeting scheduled for the proposed action. The town council may declassify a landmark tree upon a finding that the tree(s) is no longer a significant community benefit because: (1) it has deteriorated in health or appearance; (2) it no longer has habitat value; or (3) it prevents reasonable use of the property.

(Ord. No. 482, § 2, 5-27-2008)

A.

For each qualifying tree felled to maintain or develop commercial, industrial, multiple-family, community service, or community facilities land uses, one five-gallon minimum size replacement tree of a tree species listed within subsection B of this section, except as provided within subsections C, D, E and F of this section, shall be planted by the permittee within twelve (12) months thereafter or within one year of occupancy, whichever occurs first. Replacement trees shall be planted on the site where the tree or trees were felled. Any exceptions to the aforementioned tree planting requirement involving tree felling permits shall be submitted in writing to the planning commission, the planning director or to the town manager, as applicable, at or before the time that the tree felling permit application is acted upon. For development projects requiring a town-approved landscape plan that includes a significant percentage of replacement trees required by this section, the planning director, based upon a written review provided by a tree expert or a licensed landscape architect, may grant an exception to the number of replacement trees. Property owners shall receive tree planting in lieu credit for evidence protected natural saplings with a diameter between one inch to three (3) inches and growing on the site for no more than fifty (50) percent of the total number of qualifying trees authorized to be felled.

B.

The following is a list of suggested restocking species:

Conifer Species.

a.

Ponderosa Pine, Pinus ponderosa.

b.

Sugar Pine, Pinus lambertiana.

c.

Douglas Fir, Psuedosuga menziezii.

d.

White Fir, Abies concolor.

e.

Incense Cedar, Calocedrus decurrens.

f.

Coast Redwood, Sequoia sempervirens.

g.

Sierra Redwood, Sequoiadendron giganteum.

Hardwood Species.

a.

Black Oak, Quercus kellogii.

b.

Canyon Live Oak, Quercus chrysolepis.

c.

Blue Oak, Quercus douglasii.

d.

California Valley Oak, Quercus lobata.

e.

Scrub Oak, Quercus dumosa.

f.

Big Leaf Maple, Acer macrophylum.

g.

Western Dogwood, Cornus nuttallii.

C.

There shall be established a tree replacement fund for the purpose of financing the replacement of felled trees.

D.

Whenever a tree felling permit is issued for the felling of trees on property that cannot accommodate the planting of replacement trees, the permittee shall pay an in-lieu fee identified in the town master fee schedule resolution for each qualifying tree to be felled.

E.

All fees collected pursuant to subsection D shall be deposited in the tree replacement fund and shall be used exclusively to plant and maintain trees on town- and/or publicly-owned property, or for the town to purchase, lease or otherwise acquire land or recorded rights for the planting and maintenance of trees.

F.

Tree felling activities associated with the maintenance and development of single-family residential land uses or conducted pursuant to Section 8.12.090 B.4 shall be exempt from the requirements of this section relating to tree replacement requirements and the payment of an in-lieu fee.

(Ord. No. 565, § 5, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

Any slash less than six (6) inches in diameter resulting from the removal of pine species shall be treated or abated by the permittee no later than forty-five (45) days beyond the date of slash creation, by chipping, lopping to common firewood length, or burning. Removal of brood material from one property to another location does not constitute abatement unless the material is transported to a town approved facility.

(Ord. No. 482, § 2, 5-27-2008)

All slash, downed trees or tree scraps except for wood that is cut, stacked and stored for firewood, shall be chipped, burned or removed from the property by the permittee within forty-five (45) days following the felling of any tree. Exceptions to this section shall be heard by the planning director or the town manager, as applicable.

(Ord. No. 482, § 2, 5-27-2008)

It shall be the responsibility of the town through the tree permit process to promote and to make available educational information related to the preservation, protection and management of trees within our community.

(Ord. No. 482, § 2, 5-27-2008)

A.

Except as provided within subsection B of this section, appeals shall be allowed solely for felling permits of nine (9) trees or more and shall be limited to: (1) the permit applicant, or (2) an owner of real property that is located within three hundred (300) lineal feet of a legal parcel for which a tree felling permit has been approved authorizing the felling of fifty (50) percent or more of the qualifying trees on the parcel, or (3) any citizen of the town when a tree felling permit has been approved authorizing the felling of twenty (20) or more qualifying trees equaling fifty (50) percent or more of the qualifying trees on a single legal parcel. Any aforementioned eligible party may appeal a decision rendered under this chapter to the town council. The appeal to the town council must be filed within seven (7) calendar days of the decision date. All appeals shall be filed in writing with the town clerk along with the required appeal fee. The appeal shall state the reasons for the requested reversal or modification of the decision.

B.

Tree felling permits authorizing the felling of any number of qualifying trees relating to a single family residential land use shall not be subject to appeal.

C.

Public hearings concerning such appeals shall be conducted within forty-five (45) days after the receipt of a written appeal.

(Ord. No. 565, § 6, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)

"Appeals board" shall be the town council for the purpose of hearing appeals concerning decisions rendered under this chapter on behalf of the town pursuant to the provisions of this chapter.

"Bark beetle brood material" is any residue less than six (6) inches in diameter resulting from pine species removal.

"Building footprint" means the cumulative area within the outside walls of any building or structure authorized for construction by town issuance of a building permit.

"Damage" means any intentional action or gross negligence which causes injury, death or disfigurement of a tree.

"Dead tree" means a tree in which one hundred (100) percent of the foliage-bearing crown is dead or fading in color from a normal green to yellow, sorrel or brown, excluding normal autumn coloration changes.

"Dbh" means diameter at breast height, specifically four (4) feet, six (6) inches above natural grade as measured on the uphill side.

"Diseased tree" shall mean a tree that, based upon certification by a tree expert or other substantial evidence, has a strong likelihood of dying within one year and infecting other trees in the area with pathogens or invasive insects and/or becoming a hazard as a result of the disease.

"Drip line" means the outermost line of the tree's canopy projected straight downward to the ground surface. As depicted in plain view, the drip line appears as an irregularly shaped circle.

"Face cut" means the initial cut while felling a tree that removes a wedge-shaped piece of wood and determines the direction of fall. Also known as an undercut.

"Girdle" means to encircle the stem of a living tree with cuts that completely sever all bark layers to kill the tree by preventing the passage of carbohydrates to the roots.

"Hazardous" means presenting an imminent danger to people, existing structures or fenced animals.

"Landmark tree" means a tree that has been designated by resolution of the town council to be of high value because of its species, size, age, appearance, historical significance, or other professional criteria.

"Legal parcel" means an independent, lawfully created property that meets the minimum subdivision and zoning standards at the time the parcel was established.

"Overstory" means that portion of a stand of trees forming the upper canopy or uppermost layer of leaves.

"Permittee" means a property owner who has been issued a tree felling permit by the town.

"Qualifying tree" means any living woody perennial plant characterized by having one or more main stems or trunks, one stem or trunk of which measures either thirty-one (31) inches or more in circumference or ten (10) inches or more in diameter at breast height (dbh). Trees shall be measured at a level that is located four (4), feet six (6) inches above natural grade as measured on the uphill side of the tree.

"Town council" means the governing, legislative body of the town.

"Town manager" means the town manager of the town, or his/her designee.

"Tree advisory committee" The tree advisory committee is composed of up to five (5) individuals appointed by the town council. The committee is charged with duties designated and delegated by the town council on matters pertaining to the management of tree resources within the town.

"Tree expert" means a California registered professional forester; or an arborist certified by the Western Chapter of the International Society of Arboriculture; or a state licensed contractor, with seven (7) years or more local tree service experience.

"Tree felling permit" means a permit issued by the town authorizing a person to fell, top the crown, destroy or remove a tree pursuant to the authority of this chapter.

"Tree maintenance activities" means physical actions performed by a person that are intended to sustain a tree. Such activities shall include, but are not limited to: tree felling and removal, tree transplanting, pruning and application of pesticides upon trees.

(Ord. No. 565, § 7, 12-13-2016; Ord. No. 482, § 2, 5-27-2008)