Chapter 17.22

Environmental Preservation Standards

• A. Purpose. It is in the public interest to preserve and protect agricultural lands and operations within the vicinity of the Town exclusively for agricultural and appurtenant uses. Non-agricultural land uses adjacent to agricultural lands and operations often lead to restrictions on the agricultural operations to the detriment of the economic viability of agriculture.

The purpose of this chapter is to preserve and protect agricultural uses, support continued agricultural operations, alert prospective residents to the importance of agricultural land preservation, and provide suitable methods of land use separation and buffering provisions, in compliance with Subsection 17.22.010.C (Buffering Requirements), below. [Source: 17.24.010]

• B. Applicability. In compliance with this chapter, an agricultural buffer shall be provided for the subdivision or development of any parcel that adjoins land zoned for agriculture and/or contains an agricultural land use. [Source: NEW]

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• C. Buffering Requirements. Buffering between agriculture and non-agriculture uses shall be provided and maintained in compliance with the following standards:

  1. Location of Buffer. The agricultural buffer shall be established on the parcel where the subdivision or development is proposed. [Source: 17.24.020.A, modified]

  2. Width of Buffer. The minimum width of a buffer shall be one hundred (100) feet from the property line for row and field crops and two hundred (200) feet from the property line for vineyards and orchards. The width of the buffer shall be measured from the property line(s) shared by the agricultural use or agriculturally zoned parcel and the parcel proposed for subdivision or development. [Source: 17.24.020.B, modified]

  3. Reduction in Buffer Width. Subject to Council approval, an applicant may request a reduction in the minimum width of an agriculture buffer, provided that the buffer shall not be reduced to less than fifty (50) feet. As part of the reduction request, the applicant shall provide documentation demonstrating how the requested reduction in the agriculture buffer is consistent with one (1) or more of the factors: [Source: 17.24.020.B, modified]

     • a. Type of agricultural activity (e.g., animal husbandry, field crops, orchards, vineyards);

     • b. Agricultural practices;

     • c. Existing physical features (e.g., stand of trees, topography, water courses);

     • d. Manmade (e.g., fences/walls, parking lots, streets, trails); and

     • e. Configuration, location, and size of the properties involved. [Source: 17.24.020.B.1-5]

• D. Setback from habitable structures. For development on individual parcels where a planningrelated entitlement (e.g., Design Review, Tentative Map, Conditional Use Permit) is not required, a minimum buffer setback to all habitable structures of one hundred (100) feet shall be maintained. [Source: 17.24.020.C]

• E. Allowed Activities and Uses. If the existing agricultural property lies outside the Urban Growth Boundary, then the onsite buffer should be permanent and composed of predominantly native and low water-using species, or other appropriate perimeter screening should be required. The Town should allow and encourage the productive use of buffers for appropriate uses, where legally permissible, such as bike trails, rather than requiring buffers to be idle open space. The construction of structures used for habitation are prohibited in the agriculture buffer area. [Source: General Plan Policy ER-2.2]

• F. Disclosure. Subdividers shall provide disclosures to properties effected by a required buffer in compliance with the following:

  1. Disclosure by Subdivider. The subdivider of any property located within one thousand (1,000) feet of land zoned and/or currently used for agricultural use shall provide a Right to Farm disclosure, through a notation on the final map of the subdivision, within Conditions, Covenants and Restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity of the subdivision. The content of the disclosure shall be as required by the Director. The Director shall prepare a Right to Form Disclosure Form that includes the language that is required to be recorded.

  2. Disclosure Before Issuance of Building Permits. Where a new structure intended for

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habitable space is to be located on property which is located within one thousand (1,000) feet of land zoned and/or currently used for agricultural use, the owner(s) of the property shall, before issuance of a Building Permit, be required to sign and record a statement in a form complying with Subsection F.1 (Disclosure by subdivider), above. In lieu of signing the statement required above, the owner(s) may submit evidence that the statement in Subsection A, above, has been made a part of subdivision documents creating the parcel on which the structure is to be located. [Source: 17.24.030.B]

• A. Purpose. The purpose of the established Creekside development provisions are to:

  1. Implement General Plan policies related to:

     • a. Creeks, trails, and open space.

     • b. Community design.

     • c. Water resources.

     • d. Residential development.

     • e. Public facilities and services.

     • f. Walkable and bikeable communities.

     • g. Parks and recreation.

  2. Protect creek corridors as valuable natural, scenic, and recreational amenities.

  3. Ensure adequate buffer areas between creek corridors and adjacent development.

  4. Provide visual access and sightlines between the creek and adjacent developments. [CPTED]

  5. Prevent opportunities for crime through enhanced visibility. [CPTED] [Source: 17.20.030.A]

• B. Applicability. The provisions of this section apply to proposed development, other than public works or infrastructure, on any site adjacent to or crossed by a creek or stream. [Source: 17.20.040.B]

• C. Streambed Analysis Required. The project permit application shall include a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional to determine the precise toe and top of bank of the waterway. The Director may waive this requirement if it is determined that the project, because of its size, location, or design will not have a significant impact on the waterway, or that sufficient information already exists, and further analysis is not necessary. A required streambed analysis shall include all information and materials required by the Department. [Source: 17.20.040.C]

• D. Development Standards. Development along creek sides and waterways within the Town shall comply with the following standards.

  1. A structure setback line along the waterway shall be measured from the toe of the stream bank outward a distance of two and one-half (2.5) times the height of the stream bank plus thirty (30) feet, or thirty (30) feet outward from the top of bank, whichever distance is greater. Additional setbacks may be required for "Riparian Corridors" as designated in the General Plan, or to preserve existing vegetation or other environmental resources along any waterway. Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space. [Source: 17.20.040.D.1]

  2. Paths or trails may be located within a creekside setback; however, no structure, road, parking access, parking spaces, paved areas, or swimming pool shall be constructed within a creek or creekside setback area. [Source: 17.20.040.D.2]

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3. No grading or filling, planting of exotic/ non-native or non-riparian plant species, or removal of native vegetation, or construction of Best Management Practices (BMP) features shall occur within a creek or creekside setback area. [Source: 17.20.040.D.3, modified]

4. Where drainage improvements are required, they shall be placed in the least visible locations and naturalized using river rock, earth tone concrete, and landscaping with native plant materials. [Source: 17.20.040.D.4]

5. The proposed development shall incorporate permeable surfaces (i.e., wood decks, sand-joined bricks, stone walkways) where feasible, to minimize off-site flows and facilitate the absorption of water into the ground. [Source: 17.20.040.D.5, modified]

6. Best Management Practices (BMPs). Development along creekside areas shall be designed in compliance with the following standards: [Source: NEW]

   • a. Drainage swales and runoff should be filtered through grassy swales or other BMPs acceptable to the Town Engineer to remove street oils, sediments and other site-specific storm water environmental hazards and shall be shown on the project grading and drainage plan. If a swale is located in close proximity to a creekbank, an evaluation of the stability of the creekbank may be required to be provided by the project engineer. LID features must be designed to the latest LID Technical Design Manual. [Source: NEW]

   • b. Fertilizer or pesticide use is discouraged. Plants and trees for landscape areas should be selected that can survive without fertilizers or pesticides. Long-term ponding of water from landscape irrigation shall be avoided. [Source: NEW]

   • c. Retention/detention basins shall require mosquito abatement. [Source: NEW]

7. Creek Bank Stabilization. Development or land use changes that increase impervious surfaces or sedimentation may result in channel erosion. This may require measures to stabilize creek banks. [Source: 17.20.040.D.6]

   • a. Creek rehabilitation is the preferred method of stabilization, with the objective being to maintain the natural character of the creek and riparian area. Rehabilitation may include enlarging the channel at points of obstruction, clearing obstructions at points of constriction, limiting uses in areas of excessive erosion, and restoring riparian vegetation. [Source: 17.20.040.D.6.a]

   • b. Concrete channels and other mechanical stabilization measures shall not be allowed unless no other alternative exists. [Source: 17.20.040.D.6.b]

   • c. If bank stabilization requires steps other than rehabilitation or vegetative methods, placement of stone or rock riprap are the preferred methods. [Source: 17.20.040.D.6.c]

8. Physical and Visual Access. Physical and visual access to creeks, streams, and other waterways shall be provided as follows:

   • a. Public Access and Visibility of Creeks. Public access and visibility to creeks shall be provided using single-loaded frontage roads adjacent to creeks, but outside of the creek setback. Where streets are not required as a result of the granting of a Conditional Use Permit pursuant to Subsection 17.22.020(C)(9) below, a path that provides frequent access to trails and pub-

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lic open space at least every three hundred (300) feet shall be provided, unless also exempted pursuant to Subsection 17.22.020(C)(9) below.

• b. Multi-purpose Creekside Trails. The creation of multipurpose creekside trails and public open space is required for all new creekside development. Open space areas shall include planting for riparian enhancement with native shrubs and trees, paths and trails, lighting, benches, play and exercise equipment, and trash receptacles outside of the riparian habitat area, where appropriate. [Source: 17.20.040.D.8, modified]

9. Modifications to Physical and Visual Access Requirements. The requirements included in Subsections 8a and 8b above may be modified with approval of a Conditional Use Permit when the following findings are made in addition to the findings required for a conditional use permit:

   • a. It can be demonstrated that the intent of the purpose of this section is met; and

   • b. Site constraints, such as riparian area, protected trees, or other natural features, are present on the site and would be preserved as part of the project; and

   • c. There are circumstances unique to the parcels that make compliance with the requirements impractical; and

   • d. Requiring the single-loaded street, trail, and/or open space would result in a less desirable project design.

• A. Purpose. The purpose of this section is as follows:

  1. The Town of Windsor is endowed with a wide variety of both native and non-native

trees, giving the Town a unique visual character. Trees are a source of great beauty, provide shade and other environmental benefits, enhance property values, create community identity, and generally enhance the quality of urban life. The Town is committed to planting new trees, as well as protecting all existing trees to the greatest extent practicable. [Source: 17.36.010]

2. This section provides regulations for the protection, preservation, and maintenance of native oak trees and trees of significance, groves and stands of mature trees, and mature trees in general. It is also the intent of this section to perpetuate these trees through the replacement of trees removed as a result of a new development. [Source: 17.36.010]

• B. Applicability. The provisions of this section shall apply in all zoning districts for the removal or relocation of protected trees as identified in Subsection 17.22.030.F (Protected Trees). Exceptions to the provisions established in this section are outlined in Subsection 17.22.030.C (Exceptions), below. Town sponsored/funded projects are subject to tree protection and preservation requirements but are exempt from security deposit requirements. [Source: 17.36.020, modified]

• C. Exceptions. The removal or relocation of protected trees is exempt from the provisions of this section under the following circumstances:

  1. Existing Trees on Residential Property. Existing trees on single-unit dwelling property less than one (1) acre in size but not including protected trees, or trees that were required to be preserved, relocated, or planted as a condition of approval of a Tree Removal Permit or other discretionary permit. [Source: 17.36.030.A, modified]

  2. Emergency Situation. Cases of emergency where the Director, a member of a law

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enforcement agency, or the Fire District, determines that a protected tree poses an imminent threat to the public safety, or general welfare. In the case of an emergency situation on private property where persons or property are threatened, the tree may be removed under the following conditions: [Source: 17.36.030.B]

• a. Abatement. When a tree has partially failed and persons or property are threatened, the tree may be removed without Town review or approval. The Town does not require an arborist report before the removal in this instance. [Source: 17.36.030.B.1]

• b. Authorization. Such cases must be substantiated after the fact by the property owner and tree professional with photographs, abatement information, insurance claim or other relevant information as well as completion of a Protected Tree Removal Application. The information is to be submitted to the Department within five (5) days of emergency removal. All other authorizations are subject to the standard procedure for tree removal. [Source: 17.36.030.B.2]

fact by the property owner and tree professional with photographs, abatement information, insurance claim or other relevant information as well as completion of a Protected Tree Removal Application. The information is to be submitted to the Department within five (5) days of emergency removal. All other authorizations are subject to the standard procedure for tree removal. [Source: 17.36.030.B.2]

3. Traffic Visibility Obstructions. Removal or relocation of trees necessary to maintain adequate line-of-sight distances as required by the Town's Traffic Engineer or Public Works Director. [Source: 17.36.030.C]

4. Overhead Electrical Utility Line Damage. Removal of trees for the protection of existing overhead electrical power lines, as determined by the Public Works Director. [Source: 17.36.030.D]

5. Nursery. Removal of trees planted, grown, or held for sale by a nursery. [Source: 17.36.030.E]

   6. Orchards. Removal of orchards or fruit trees grown, planted, or held for sale for cash crop or commercial purposes. [Source: 17.36.030.G]

• D. Hazardous Trees. Standards for the preservation and protection of hazardous trees are as follows:

  1. Property owners are responsible for the trees on their own property and for trees fronting their property within the public right-of-way. The Town does not require advance permission for the removal of Protected or Designated Trees in emergencies. However, it does require documentation of the problem after the fact. This is to avoid the unlawful removal of sound trees on the grounds that they are hazardous. If there is no immediate danger, any structural deficiencies should be corrected instead of removing the tree, if possible. If the Town determines that there was no reasonable basis for believing there was an emergency, the property owner may face penalties for violating this chapter. [Source: 17.36.031]

  2. The health and safety of a tree are two (2) distinct and separate functional characteristics. A vigorous and healthy tree may not necessarily be of sound wood or structure. To remove a dangerous protected or designated tree, it must first be evaluated, and the tree determined to be "hazardous" as defined in this section. This must be verified in writing by the Town Arborist before the tree can be removed. [Source: 17.36.031]

     • a. Tree Hazard Responsibility. On private property, it is the responsibility of the property owner to mitigate or abate a known hazardous condition of a protected or designated tree that may be of questionable structure or deemed as hazardous. Most tree hazards can

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be prevented with regular checkups by a tree care professional and timely maintenance by the property owner. [Source: 17.36.031.A]

• b. Recognizing Tree Hazards—Criteria and Evaluation of Hazards. Hazard tree assessment of a protected or designated tree should only be evaluated by a certified arborist. Refer to the Town of Windsor "Tree Technical Manual" for specific criteria in evaluating tree hazards. The manual includes a checklist for evaluation as well as reduction and prevention methods. [Source: 17.36.031.B, modified]

• b. Recognizing Tree Hazards—Criteria and Evaluation of Hazards. Hazard tree assessment of a protected or designated tree should only be evaluated by a certified arborist. Refer to the Town of Windsor "Tree Technical Manual" for specific criteria in evaluating tree hazards. The manual includes a checklist for evaluation as well as reduction and prevention methods. [Source: 17.36.031.B, modified]

  • c. Town Liability for Public Right-ofWay, Publicly Owned Property. In the event that a tree on private property is evaluated by an arborist and a report is submitted that indicates that a tree may be a hazard to the public (i.e., overhang sidewalk, buildings, pedestrian use area) but recommends for reasons of health, maturity, that the tree be retained, the Town may require that Risk Management review and make a determination on the issue of liability. If the tree is determined by the Town's Risk Manager to be a liability, maintenance and/or removal may be required. Payment of costs shall be determined by the Town Manager or his/her designee. [Source: 17.36.031.C, modified]

• E. Tree Technical Manual. Regulations to implement this Code are entitled the Tree Technical Manual. The manual will be made available to the public and shall include, but not be limited to, standards and specifications regarding protection of trees during construction; replacement of trees; maintenance of protected trees; format and content of tree plans/reports. [Source: 17.36.032]

• F. Protected Trees. A protected tree is any of the trees listed below. For trees requiring a certain size to qualify as a protected tree, size is the trunk diameter measured at a height of four (4) feet six (6) inches from surrounding grade. Multiple trunk trees must possess at least one (1) trunk with the above diameter (based on species) to be considered protected. [Source: 17.26.040.A, modified]

  1. The following native oak trees six (6) inches or greater:

     • Black Oak (Quercus kelloggii)

     • Blue Oak (Quercus douglasii)

     • Coast Live Oak (Quercus agrifolia)

     • Oregon Oak (Quercus garryana)

     • Valley Oak (Quercus lobata)

     • Interior Live Oak (Quercus wislizenii)

     • Oracle Oak (Quercus x morehus)

     • Chase Oak (Quercus x chaseii)

  2. Any of the following:

     • a. California Buckeye (Aesculus, californica) six (6) inches or greater; and

     • b. California Bay (Umbellularia, californica) twelve (12) inches or greater.

  3. Heritage trees as identified by Council resolution. [Source: 17.26.040.B]

  4. Street trees. [Source: NEW]

  5. Significant groves or stands of trees. For projects where Commission/Council approval is not required, a determination will be made by the Director. [Source: 17.26.040.C, modified]

  6. Mature trees located on a parcel of one (1) acre or more. Smaller trees may also be

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protected under special circumstances. For projects where Commission/Council approval is not required, a determination will be made by Director. [Source: 17.26.040.D, modified]

7. Any tree required to be planted or preserved, as environmental mitigation for a discretionary permit. [Source: 17.26.040.E]

8. Landmark trees are trees that are identified during the development review process for which preservation is encouraged. An arborist report prepared by a Town approved arborist shall be prepared assessing the structural integrity and health of the tree(s). Project developers should be aware of their significance and understand that special measures, unusual protection techniques, and more rigid preservation standards will apply. Development density and project layout may be affected where landmark trees are located in order to protect them. Over-mature, senescent, or ancient trees may not qualify for preservation if they are unstable, hazardous, in poor health, or otherwise unsuited for preservation in an urban setting. However, if older larger trees are not in optimum condition that in itself would not be a reason for removal.

Landmark trees shall be designated on the development plan for preservation and protection. When a tentative map is part of the development project entitlements, the conditions of approval shall include the following notes to be recorded on the map: [Source: 17.26.040.F]

• a. The location of the landmark tree(s) shall be identified by parcel number. [Source: 17.26.040.F.1]

• b. The landmark tree(s) are subject to all regulations of this chapter. [Source: 17.26.040.F.2, modified]

  - c. Maintenance shall be completed in accordance with the Tree Technical Manual. [Source: 17.26.040.F.3] 
  
  - d. Tree Removal is subject to Commission review and action. [Source: 17.26.040.F.4, modified] 
  
  - e. Standard Tree Protection Notes, including references to the arborist report and supplemental reports shall be included. [Source: 17.26.040.F.5] 
  

• G. Preservation of Existing Trees. Existing trees shall be protected and be preserved as follows:

  1. The design of each project shall recognize the desirability of preserving protected trees to the greatest extent feasible. The design of the grading and site improvements shall reflect consideration of the following safeguards: [Source: 17.36.050.A]

     • a. Provision of sufficient growing areas as required by individual species; [Source: 17.36.050.A.1]

     • b. No disruption or removal of structural roots; [Source: 17.36.050.A.2]

     • c. Fencing of trees at or beyond their drip lines during grading and construction activities; [Source: 17.36.050.A.3]

     • d. No ornamental landscape, filling, cutting, development, or compaction of soils within the drip line; [Source: 17.36.050.A.4]

     • e. Preservation of oak leaf litter below the drip line; and [Source: 17.36.050.A.5]

     • f. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect. [Source: 17.36.050.A.6]

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2. It is recognized that the preservation of all existing trees on a development site may sometimes conflict with reasonable land development considerations (i.e., adequate drainage, grading, circulation, safety, provision of utilities.). However, the design of the proposed development shall address preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal. [Source: 17.36.050.B]

   3. Grading and landscaping plans shall implement the approved tree preservation plan. The locations of all protected trees shall be shown on a site plan with references to the tree tag numbers in the project arborist report. Notes shall identify which trees are to be preserved and which may be removed. Plans shall be consistent with the required tree protection mitigation measures included in the project application, initial study, mitigated negative declaration, or environmental impact report and monitoring plan, and the project's conditions of approval. [Source: 17.36.050.C]

   4. Prior to commencement of use, the preserved trees shall be trimmed for healthy balance, structural integrity, and ornamental appearance. [Source: 17.36.050.D]

   5. The precise vertical and horizontal locations (plus or minus one (1) foot) of all protected trees to be preserved or removed shall be shown on the site plan as part of the initial application unless the project does not involve exterior alterations or construction activities. [Source: 17.36.050.E]

• H. Project Arborist Requirements. Project arborists shall be employed as follows:

  1. The Town strongly recommends the use of a Town arborist in the preparation of any

required arborist report or Tree Preservation and Protection Plan. Arborist reports must be prepared by an arborist that is pre-approved by the Town of Windsor. All approved arborists must possess a current Certified Arborist Certificate from the International Society of Arboriculture and be a current member of the American Society of Consulting Arborists. An applicant may submit an arborist report prepared by their own arborist who is certified; however, the report will require a peer review by a pre-approved Town arborist at the applicant's expense. A deposit fee will be collected when an application is submitted for review. The fee will be used to cover the cost of report preparation and recommendations. Additional fees will be collected if the actual costs exceed the initial deposit fees. The applicant will be provided with a written request for the fees. If the initial deposit fee exceeds the final report costs the applicant will be refunded the difference.

be collected when an application is submitted for review. The fee will be used to cover the cost of report preparation and recommendations. Additional fees will be collected if the actual costs exceed the initial deposit fees. The applicant will be provided with a written request for the fees. If the initial deposit fee exceeds the final report costs the applicant will be refunded the difference.

In the event that an applicant's arborist is used and the recommendations conflict with the Town arborist recommendation, the Director will make a decision on the recommendations and may require a peer review of the arborist report prepared by the applicant's arborist. When a peer review is required by the Director, the cost is borne by the applicant, and the applicant shall provide a deposit to the Town to cover the cost of the peer review prior to commencement of the peer review. [Source: 17.36.051]

• I. Tree Removal. The removal of applicable protected trees shall comply with the following standards:

  1. Permit Required.

     • a. Except as established in Section 17.22.0303.C (Exceptions), no pro-

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tected tree shall be removed, cut down, or otherwise destroyed, unless a written permit is issued by the Director. This includes trees and tree roots which are causing damage to structures, foundations, water lines, and sewer lines.

• b. For individual sites, including singleunit residential parcels, a Tree Removal Permit must be completed and submitted to the Department for review and action. For site development that allows for tree removal as part of a project's conditions of approval, the written permit may be in the form of signed authorization by the Department, a tree preservation plan signed by the Department, written approval for a grading permit, encroachment permit, Tree Removal Permit, or other similar permit. In all cases, removal of a protected or designated tree requires written authorization from the Department. [Source: 17.36.060]

2. Tree Replacement Requirement. The following conditions determine whether a protected or designated tree must be replaced.

   • a. Protected Trees. If the Town authorizes the removal of a protected tree(s) because it is dead, dangerous, or a nuisance, no tree replacement is required. In all other cases, the tree(s) must be replaced [Source: 17.36.060.B.1]

   • b. Designated Trees. The Director shall require tree replacement if it is necessary or desirable to implement the intent of the original site design. The number and nature of the replacement trees shall be determined by the Director, taking into consideration the value of the tree removed and the site design. [Source: 17.36.060.B.2]

   • c. Street Trees. If the Town authorizes removal of a street tree in connection with a development project, it shall specify the replacement requirements in the permit authorizing removal. [Source: 17.36.060.B.3]

• d. Development Projects. On projects where Commission or Council approval is not required, replacement will be determined by the Director. For development projects that require Commission or Council approval, protected trees authorized for removal will be addressed as part of the development conditions of approval. If the protected tree is dead, dying, or diseased, replacement/in-lieu fees will not be required. Refer to the Tree Technical Manual Sections 6.20, 6.30, 6.40 and 6.50 for approved forms of tree replacement. [Source: 17.36.060.B.4, modified]

  • e. Development and General Plan Density Issues. The Review Authority may direct removal of protected and designated trees for development purposes. Certain levels of removal at the direction of the Review Authority may be allowed to meet density and General Plan housing goals and policies. These levels are solely at the discretion of the Review Authority and shall be consistent with the criteria included in the Tree Technical Manual. [Source: 17.36.060.B.5]

3. Appraisal Valuations. All trees to be replaced shall be the same native species as those removed unless specific approval has been granted by the Director. Appraisal value shall be determined by using the most recent edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. The ap-

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praisals shall be completed on the most recent "Form for Northern California" published by the International Society of Arboriculture. [Source: 17.36.060.C]

4. Location of Replacement Trees. Replacement trees may be located on residentially zoned parcels of at least one and one-half (1.5) acres and on any commercial or industrial zoned parcel, regardless of size, where feasible.

5. Planting Trees on Public Property. Where infeasible, replacement trees may be located on public land or maintained private open space.

6. In-Lieu Fees. In-lieu fees may be used to acquire and protect stands of native trees in preserves or place trees on public lands. [Source: 17.36.060.D]

7. Diseased or Hazardous Trees. In no case shall an applicant for a Tree Removal Permit be required to replace or otherwise pay for the value of a tree that is diseased or in danger of collapse, or that the Town has requested to be removed. [Source: 17.36.060.E]

8. Considerations for Denial of Tree Removal Permit. A finding of any one (1) of the following situations shall be grounds for denial of the permit. [Source: 17.36.060.G]

   • a. Removal or damage of a healthy tree could be avoided by:

     • i. Reasonable redesign of the site plan prior to construction; [Source: 17.36.060.G.1.a]

     • ii. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the Director. [Source: 17.36.060.G.1.b]

   • b. Adequate provisions for drainage, erosion control, land stability, windscreen buffers along the road and between neighbors have not been made where these problems are anticipated as a result of the removal. [Source: 17.36.060.G.2]

• c. The tree to be removed contains evidence that it is actively used by a rare or endangered species and relocation of the nest is not possible. [Source: 17.36.060.G.3]

9. Security Deposits. A security deposit shall be posted to cover the value of protected trees for preservation. The security deposit will be collected with and subject to the same requirements as site improvements. Typical methods may be improvement agreements, Encroachment Permit, Building Permit, or other similar methods used by the Town to secure improvement requirements. Release of security for tree preservation shall be the same as the time frames defined within the agreement/permit method used to secure improvements. [Source: 17.36.060.H]

   • a. Security deposits for tree preservation shall be subject to a tiered system. Up to the first one hundred thousand dollars ($100,000.00) of tree value the deposit is twenty (20) percent, thereafter tree valuations in excess of one hundred thousand dollars ($100,000.00) shall be ten (10) percent of the valuation in excess of one hundred thousand dollars ($100,000.00). Total security deposit amounts for any project shall not exceed fifty thousand dollars ($50,000.00). [Source: 17.36.060.H.1, modified]

   • b. Creeks, riparian corridors, and significant groves or stands of trees are considered a biological resource and con-

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struction activity is restricted from these areas. Creeks, riparian corridors, and significant groves or stands of trees are exempted from security deposit requirements. [Source: 17.36.060.H.1, modified]

• c. Town of Windsor sponsored/funded projects are exempt from security deposit requirements. [Source: 17.36.060.H.1, modified]

• d. If any tree fails to survive or declines to a point where it is deemed to not be expected to survive, the Town may use the security value of the dead or declining tree(s) to purchase new trees for on or off-site use. If replacement cannot be accomplished on-site, the security deposit will be placed in a fund with the Town of Windsor for use as established in this section. [Source: 17.36.060.H.1, modified]

• e. If a tree or trees, that have been designated to be protected, are determined to have failed or died on their own and not through impacts from development, the security deposit shall not be used for replacement. This determination shall be made at the discretion of the Director and may include an evaluation by the Town arborist, the cost to be borne by the developer. [Source: 17.36.060.H.1, modified]

• f. Existing single-family developed lot property owners that are proposing remodels, additions, pools, etc. are exempt from security deposits. [Source: 17.36.060.H.1, modified]

• J. Tree Mitigation. An arborist report is required for all development project sites that contain protected trees. An initial deposit amount to prepare the report shall be paid by the owner/ developer of the project. The deposit amount

will be used to cover the cost of the report preparation. Additional fees will be collected if the actual costs exceed the initial deposit amount. If an arborist is utilized who is not on the list, that arborist's report is subject to a peer review by an approved Town arborist with the cost to be borne by the developer/ owner of the project. Tree mitigation may be in the form of in-kind replacement, in-lieu replacement, and/or a combination of both. [Source: 17.36.061, modified]

1. New Commercial and/or Residential (two (2) or more units) Development Projects. Tree mitigation and removal shall comply with the following standards:

   • a. In the event that there are no viable and/or practical alternatives except to remove a protected tree, the Town will require mitigation. All removed protected trees shall be replaced at the following ratios: [Source: 17.36.061.A]

     • i. All protected trees, determined by the project arborist to be in good or excellent health, and/or with moderate to good structure, shall be replaced on a one-to-one trunk diameter basis (i.e., a twenty-fourinch protected tree in good or excellent condition must be replaced with new trees totaling twentyfour (24) inches in trunk diameters). [Source: 17.36.061.A, modified]

     • ii. All protected trees, determined by the project arborist to have fair or marginal health, and/or with marginal structure, shall be replaced on a two-to-one trunk diameter basis (i.e., a twenty-four-inch protected tree in fair-to-marginal condition must be replaced with new trees totaling twelve (12) inches in trunk diameter). [Source: 17.36.061.A, modified]

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• iii. All protected trees, determined by the project arborist to have poor health or poor structure, are not required to be replaced. [Source: 17.36.061.A]

• b. Tree Mitigation. An approved arborist must determine that a tree designated for preservation in a development project has a good chance at long-term survival as determined by an assessment of proposed development impacts. Simply preserving a tree does not excuse it from designated mitigation requirements; it must, in the professional opinion of the arborist, have a good chance to survive after all the impacts of construction are considered. [Source: 17.36.061.A.1]

  • i. In-Kind Replacement. If the location of replacement tree planting will remain as a natural area suitable for the healthy and long-term growth of native trees, replacement of protected trees should occur in-kind. That is, a native tree species shall be replaced with the same native tree species. If the location of replacement tree planting will be part of an irrigated, ornamental landscape area, replacement of protected trees may occur with a water tolerant oak tree species as identified by the project arborist. If an oak tree species cannot be used the project arborist may recommend a highvalue ornamental tree species (as designated by a seventy (70) percent species rating in the Species Classification and Group Assignment Handbook, which is an official publication of The Western Chapter of the International Society of Arboriculture).

ater tolerant oak tree species as identified by the project arborist. If an oak tree species cannot be used the project arborist may recommend a highvalue ornamental tree species (as designated by a seventy (70) percent species rating in the Species Classification and Group Assignment Handbook, which is an official publication of The Western Chapter of the International Society of Arboriculture).

• ii. Replacement tree ratios shall be applied as follows:

  • (1) Twenty-four-inch box replacement tree = two-inch replacement trunk diameter.

  • (2) Thirty-six-inch box replacement tree = three-inch trunk replacement diameter.

  • (3) Forty-eight-inch box replacement tree = four-inch trunk replacement diameter.

• iii. Replacement trees shall be a minimum twenty-four-inch box size. If less than six (6) inches are required, any combination of box sizes may be utilized. Where more than six (6) inches of total replacement trunk diameter are required, the following minimum ratios of replacement tree sizes must be incorporated:

  • (1) Fifty (50) percent minimum must be a forty-eight-inch box.

  • (2) Fifty (50) percent may be any combination of twenty-fourinch and thirty-six-inch boxes.

    • (a) Example: If a project requires removal of one (1) twenty-four-inch protected tree, a total of twenty-four (24) trunk inches must be replaced. At least twelve (12) inches of replacement trees must be forty-eightinch boxes. This requires at least three (3) fortyeight-inch boxes, and the balance of the requirement may be composed of either twenty-four-inch or thirty-six-inch boxes. If

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thirty-six-inch boxes are chosen, then four (4) would be required. A total of twenty-four-inch of replacement trunk may be composed of three (3) forty-eight-inch boxes plus four (4) thirty-six-inch boxes.

(b) Example: If a project requires removal of a twelveinch, twenty-six-inch, and ten-inch protected trees, a total of forty-eight (48) trunk inches must be replaced. At least twentyfour (24) inches of replacement tree must be four (4) eight-inch boxes. This requires at least six (6) fortyeight-inch boxes, and the balance of the requirement may be composed of either twenty-four-inch or thirty-six-inch boxes. If twenty-four-inch boxes are chosen, then twelve (12) would be required. A total of forty-eight (48) inches of replacement trunk may be composed of six (6) forty-eight-inch boxes plus twelve (12) twenty-fourinch boxes.

• (c) At the time of replacement, equivalent sizes of trunk are required. After ten (10) years' time, it is expected that replacement trunks will yield an equivalent volume of canopy to that which was originally removed, even though the equivalent canopy will be

spread across a greater number of individual trees. This achieves the Town's goal of "no net loss" of protected tree canopy. [Source: 17.36.061.A.1.a]

• (3) In-Lieu Replacement. If a development site is insufficient in size or use to plant any or all of replacement trees, the Town may accept payment of in-lieu fees by the applicant to the Town Oak Tree Fund. In-lieu fees, together with any funds received from forfeited security deposits (in compliance with Subparagraph C (Security Deposits)), will be used by the Town as follows:

  • (a) To purchase and install trees in future public open space, park space, permanently protected open space areas, or other areas designated for tree planting.

  • (b) For tree maintenance as described below:

I. Maintenance of any type of tree in the Town Center (TC) and Town Center Active Use Frontage Overly (TCAUFO) zoning districts, not in excess of ten (10) percent of the collected in-lieu replacement fees and forfeited security deposits.

II. Maintenance, for the purpose of preserva-

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tion of protected trees on publicly owned land in any zoning district within the Town of Windsor. Publicly owned land includes land owned by the Town of Windsor or any other public agency.

• III. The percentage of the in-lieu fees and forfeited security deposits used for trees maintenance under Section 17.22.030(J)(1)(b)(3) (b)(I) shall be of the total monies collected annually and shall include those monies existing in the tree mitigation fund prior to the effective date of the amended ordinance, or October 16, 2020.

Replacement tree costs for the purposes of satisfying in-lieu fees shall be based on the following scale of typical northern California wholesale tree cost plus average installation cost:

• Twenty-four-inch box = two-inch trunk diameter = four hundred dollars ($400.00)

• Thirty-six-inch box = three-inch trunk diameter = eight hundred dollars ($800.00)

• Forty-eight-inch box = four-inch trunk diam-

eter = one thousand six hundred dollars ($1,600.00)

In-lieu fee replacement trees shall be a minimum twenty-four-inch box size. If less than six (6) inches are required, any combination of box sizes may be utilized. Where more than six (6) inches of total replacement trunk diameter are required, the following minimum ratios of replacement tree sizes must be incorporated: fifty (50) percent minimum must be a forty-eight-inch box, or fifty (50) percent may be any combination of twenty-four-inch and thirty-sixinch boxes.

• c. Security Deposits. A security deposit shall be collected in compliance with the following:

  • i. Security deposits may be collected with and subject to the same requirements as site improvements, as outlined in Subsection 17.22.030.I (Security Deposits), above. Security deposits are subject to a tiered system based on a percentage of tree values with a deposit amount not to exceed fifty thousand dollars ($50,000.00). The project arborist prepares a final evaluation of the protected trees based on impacts, protection, and maintenance during the construction period.

  • ii. If a tree(s) is recommended for removal at the end of construc-

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tion, the security amount collected may not meet the requirements of this chapter for replacement. The developer shall be subject to the replacement requirements outlined in this chapter. The developer shall be responsible for payment of the difference between the bond amount and the mitigation amount defined in this chapter. The health and structural rating of the project arborist report will be used in determining the mitigation amount of the lost tree(s). [Source: 17.36.061.A.2]

2. Existing Residential Parcels. An arborist report is required for residential project sites that may impact protected trees. An applicant's arborist's report may be subject to a peer review at the discretion of the Director, with the cost of the peer review to be borne by the developer/owner of the project. Private property owners that are considering additions, decks, pools, and/or other accessory uses are required to identify protected trees that are located on the property and may be impacted by the proposed addition/use. [Source: 17.36.061.B]

• a. Tree Protection/Removal Requirements. The Town requires the land developer to protect and preserve trees during the development/subdivision of residential parcels. The resulting lots are then sold to property owners with the understanding that the trees should be protected. Property owners may request any number of modifications to their properties that may in turn result in impacts to the protected trees. Parcels with protected trees are subject to the following requirements for additions, pools, and/or other accessory

uses that may result in an impact to the protected trees. [Source: 17.36.061.B.1, modified]

• i. An arborist report is required for all properties considering additions, pools, and/or accessory structures that may have an impact on a protected tree, including improvements within the tree protection zone. [Source: 17.36.061.B.1.a]

• ii. If there is no viable and/or practical alternative to removal of protected trees to accommodate the addition, pool, and/or accessory structure the following shall apply: [Source: 17.36.061.B.1.b]

  • (1) A request for a Tree Removal Permit for protected trees fifteen (15) inches or greater, determined by the project arborist to be in good or excellent health, and/or with moderate to good structure will require review and action by the Commission at a noticed public hearing. The request will require a Tree Removal Permit, arborist report, statement justifying removal of the tree, and payment of a permit application fee.

  • (2) For protected trees fourteen (14) inches or less which are requested to be removed, the Director shall review the request and make the determination for removal. If the Director authorizes removal, mitigation shall be required either by in-kind replacement or inlieu fee payment, as defined in this chapter. If the Director denies the request for removal,

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the decision may be appealed. [Source: 17.36.061.B.1.b.1, modified]

• (3) A request for a Tree Removal Permit for all protected trees, determined by the project arborist to be in fair or marginal health, and/or with marginal structure may be approved and require mitigation. The Director shall review the request and make the determination for removal. If the Director authorizes removal, mitigation shall be required either by in-kind replacement or inlieu fee payment, as defined in this chapter. If the Director denies the request for removal, the decision may be appealed. [Source: 17.36.061.B.1.b.2, modified]

  - (4) A request for a Tree Removal Permit for all protected trees, determined by the project arborist to be in poor health, poor structure, or to be structurally unsafe or hazardous, will be approved and will not require mitigation. [Source: 17.36.061.B.1.b.3, modified] 
  

  • iii. Denial and/or appeal of a Tree Removal Permit and its conditions is subject to Subsection 17.22.030.M (Appeals, Extensions, Revocation). [Source: 17.36.061.B.1.c]

• b. Tree Replacement Requirements. Replacement trees shall comply with the following standards:

  • i. In-Kind Replacement. The arborist report shall specify the replace-

ment value. The applicant/owner shall include a replacement landscape plan with the Tree Removal Permit. The Building Permit for the addition, pool, and/or other accessory use shall be conditioned to require installation of the replacement trees, prior to Building Permit final. [Source: 17.36.061.B.2.a, modified]

  - ii. In-Lieu Replacement. In-lieu replacement shall be the same as outlined in Paragraph 17.22.030.J (Tree Mitigation), above. The arborist report shall specify the replacement value. The applicant/ owner shall pay to the Town the in-lieu fee with the Tree Removal Permit. The Building Permit for the addition, pool, and/or other accessory use shall be conditioned to require a Tree Removal Permit and payment of the in-lieu fee, prior to initiation of the work. [Source: 17.36.061.B.2.a, modified] 

3. Penalties for Unauthorized Tree Removal. Enforcement and Civil Penalties shall be applied to violations of this section per Subsection 17.22.030.N (Enforcement). [Source: 17.36.061.C, modified]

• K. Tree Protection and Preservation Plan. Tree protection and preservation plans shall comply with the following standards:

  1. Where an applicant proposes to remove one (1) or more protected trees, the Director may require a tree plan for review by the Department. [Source: 17.36.070.A]

  2. Tree plans shall be prepared by an arborist, horticulturist, or registered landscape architect. [Source: 17.36.070.B]

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3. All Tree Protection and Preservation Plans must include the following basic information: [Source: 17.36.070.C]

   • a. The location of all trees present that are greater than six (6) inches in trunk diameter at a height of four and onehalf (4.5) feet above surrounding grade, including all that will be preserved, removed, or transplanted. [Source: 17.36.070.C.1, modified]

• b. All trees that overhang the proposed project site and are located on immediately adjacent properties. [Source: 17.36.070.C.2]

  • c. The report cover shall include the arborist's name, certification number, project reference name and address, and report date. [Source: 17.36.070.C.3]

  • d. A cover letter describing the project site, the date of inspection and summarizing the total number of trees present, to be removed, and preserved. [Source: 17.36.070.C.4]

  • e. A site plan that identifies the location of each tree, including its report reference number. [Source: 17.36.070.C.5]

  • f. Assessment data for each tree. [Source: 17.36.070.C.6]

  • g. Comments and observations regarding health and structure. [Source: 17.36.070.C.7]

  • h. Estimate of the impacts of proposed development activities on long-term health and structural integrity. [Source: 17.36.070.C.8]

  • i. Recommendations for removal or preservation based on the development impacts expected from the proposed plan. [Source: 17.36.070.C.9]

    • j. Recommendations for modification of the proposed plan to reduce or eliminate impacts to the tree. [Source: 17.36.070.C.10]

  4. The Director may waive the requirement for a tree plan or the requirement for a survey based upon a determination that the tree(s) would have little or no ornamental value in an urban setting or that the tree(s) are located so that they would not be impacted by the proposed development. [Source: 17.36.070.D]

  5. Refer to the Town's Tree Technical Manual for more detailed information related to the preparation and contents of the Tree Protection and Preservation Plan. [Source: 17.36.070.C, modified]

• L. Tree Protection Requirements. The Director shall determine during project review whether and to what extent measures will be required to protect the existing trees during construction. This decision shall be based upon the proximity of the area of construction activity to existing protected trees. The protective measures shall include, but are not limited to, the following: [Source: 17.36.080]

  1. Prior to initiating any construction activity on a construction project, including demolition or grading, temporary protective fencing shall be installed at each site tree. [Source: 17.36.080.A]

     • a. Fencing shall be located at the Tree Protection Zone (TPZ) illustrated on the Improvement Plans. [Source: 17.36.080.A.1]

     • b. Fencing shall serve as a barrier to prevent encroachment of any type by construction activities, equipment, materials storage, or personnel. [Source: 17.36.080.A.2]

  2. The Tree Protection Zone (TPZ) is illustrated on the Improvement Plans and rep-

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resents the area around each tree, or group of trees, which must be protected at all times with tree protection fencing. [Source: 17.36.080.B]

• a. No encroachment into the TPZ is allowed at any time without approval from the project arborist. [Source: 17.36.080.1]

• b. Any unauthorized entry into the TPZ is a violation of this Code and shall be subject to enforcement through civil, criminal, or administrative remedies, including applicable penalties. [Source: 17.36.080.B.2]

3. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until the project is complete and shall instruct personnel and sub-contractors as to the purpose and importance of fencing and preservation. [Source: 17.36.080.C]

4. No grade changes shall be made within the protective barriers without prior approval by the Director. [Source: 17.36.080.D]

5. No attachments or wires other than those of a protective or non-damaging nature shall be attached to a protected tree. [Source: 17.36.080.E]

6. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small handheld power tools and shall not be of a depth that could cause root damage. [Source: 17.36.080.F]

7. When the existing grade around a protected tree is to be raised, the project and/or Town arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk. [Source: 17.36.080.G]

   8. When the existing grade around a protected tree is to be lowered the project and/or Town arborist shall provide written directions on which method(s) may be used (i.e., terracing, retaining wall) to allow the dripline to be left at the original grade. [Source: 17.36.080.H]

   9. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier. [Source: 17.36.080.I]

• M. Appeals, Extensions, and Revocation. Appeals, extensions, and revocation standards for protected tress shall comply with the following standards:

  1. Appeals. The decision of the Director shall be considered final unless an appeal is filed in compliance with Chapter 17.74 (Appeals). [Source: 17.36.090.A]

  2. Expiration and Extension. A Tree Removal Permit shall be exercised within one (1) year from the date of approval or other time limit established through a discretionary permit approval. Time extensions, for up to a total of two (2) additional years, may be granted in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions). If a Tree Removal Permit is not exercised within the established time frame, and a time extension is not granted, the permit shall expire.

  3. Performance Guarantee. The applicant/ owner may be required to provide adequate performance security for the faithful performance of conditions of approval imposed as part of the Tree Removal Permit. [Source: 17.36.090.C]

  4. Construction Monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the Director. [Source: 17.36.090.D]

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5. Revocation. A Tree Removal Permit may be revoked or modified, as provided in Chapter 17.66 (Permit Modification and Revocation), with any of the following findings that the tree removal, relocation, or protection activities: [Source: 17.36.090.E]

   • a. Cannot support the original findings;

   • b. Resulted from misrepresentation or fraud;

   • c. Has not been implemented in a timely manner;

   • d. Has not met, or has violated any condition of approval;

   • e. It is in violation of any code, law, ordinance, or statute;

   • f. Is detrimental to public health, safety, or welfare; or

   • g. Constitutes a nuisance. [Source: 17.36.090.E.1-7]

• N. Enforcement. Enforcement standards for protected trees shall be as follows:

  1. Enforcement. Any person who cuts, damages, or removes a protected tree in violation of this section shall be deemed guilty of a misdemeanor and upon conviction may be punished in compliance with the applicable provisions of the law. A violation of this section shall also constitute a public nuisance and may be abated and/or enforced through civil, criminal, or administrative proceedings in accordance with the Town Code. Further, a violation of this section during construction may result in an immediate stop-work order until permits are obtained and required mitigation procedures are in place. [Source: 17.36.100]

2. Civil Penalties. The following civil penalties shall apply to those in violation of this section.

   • a. If a civil action or administrative enforcement is brought by the Town, a civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation may be assessed, against anyone who violates any provision of this section or the Tree Protection and Preservation Plan. [Source: 17.36.100]

   • b. Where a tree is illegally removed, or damaged to a degree that survival is not expected, the penalty shall be the replacement value of each tree and shall be paid to the Town. Replacement values shall be developed using the most recent edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. If a violation occurs during development, appraised values for each tree will be found in the Tree Protection and Preservation Plan. If a violation occurs outside the development process, values shall be determined by an arborist preapproved by the Town. [Source: 17.36.100]

   • c. Where a tree is illegally damaged, and the damage cannot be fully corrected, but the tree is expected to survive, then the penalty shall be the replacement value times the percentage of the tree damaged. [Source: 17.36.100]

   • d. A civil or administrative action may also be implemented to provide appropriate relief to abate, enjoin, or otherwise compel the cessation of such violation. [Source: 17.36.100]

   • e. If civil action is brought by the Town, the court shall award all costs associated with investigation, preparation for

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trial, costs of the trial, reasonable expenses including overhead and administration costs incurred when prosecuting the action, and reasonable attorney fees, to the prevailing party in such action. [Source: 17.36.100]