Section
8.36.010 Purpose
8.36.020 Definitions
8.36.030 Tree Advisory Committee
8.36.040 Tree removal or alteration; permit required
8.36.050 Permit application; contents
8.36.055 Notice
8.36.060 Tree Advisory Committee Hearing
8.36.070 Qualified Arborist report; contents
8.36.080 Construction; Tree Protection Plan
8.36.090 Subdivisions and other development projects
8.36.100 Appeal
8.36.110 Effective date of permit
8.36.120 Emergency tree removal
8.36.130 Tree planting near power lines and public property
8.36.140 Violations/administrative fines
8.36.150 Hearings on the imposition of Administrative fines; appeals
8.36.160 Administrative fines - debt to town; enforcement
The town derives much of its character and beauty from its large trees and natural setting. Significant portions of the town are forested with redwood, oak, bay, madrone, Douglas fir, pine and other native tree species. The preservation of these trees enhances the town's natural scenic beauty and enhances the quality of the community. In addition, these trees help prevent the erosion of topsoil, protect against flood and landslides, reduce carbon dioxide, counteract the pollutants in the air, create wildlife habitat, maintain the climatic balance, and decrease wind velocities. Therefore, it is necessary for the health and welfare of the citizens of the town to enact regulations controlling removal and preservation of trees within the town.
(Ord. 743, passed 7-1-2009)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BREAST HEIGHT. Four and one-half feet above lowest grade. All circumference measurements shall be taken at Breast Height.
CIRCUMFERENCE BREAST HEIGHT. The circumference of a tree at four and one-half feet above lowest grade at the base of a tree.
COMMITTEE. The Tree Advisory Committee.
DIAMETER BREAST HEIGHT. The diameter of a tree trunk at four and one-half feet above the lowest grade at the base of the tree.
DIRECTOR. The Director of Planning and Building Services, or, in his or her absence, another member of the Planning and Building Services Department as designated by the Town Manager.
EMERGENCY. An immediate threat to life or an immediate and significant threat to property.
HERITAGE TREES. Significant, locally native tree species that are critical to urban and wildland forest habitats.
Heritage trees include the following:
Bigleaf Maple (Acer macrophyllum) | 25 "circumference/ approx. 8"diameter |
Bishop Pine (Pinus muricata) | 38" circumference/ approx. 12" diameter |
California Bay Laurel (Umbellularia californica) | 50" circumference/ approx.16: diameter |
California Buckeye (Aesculus californica) | 25" circumference/ approx. 8" diameter |
California Nutmeg (Torreya California) | 12" circumference/ approx. 4" diameter |
California sycamore (Platanus recemosa) | 25" circumference/ approx. 8" diameter |
Coast Redwood (Sequoia sempervirens) | 38" circumference/ approx. 12" diameter |
Douglas Fir (Pseudotsuga menziesii) | 38" circumference/ approx. 12" diameter |
Giant Chinquapin (Castanopsis chrysophylla) | 12" circumference/ approx. 4" diameter |
Madrone (Arbutus menziesii) | 25" circumference/ approx. 8" diameter |
Oak (Quercus-all native species) | 25" circumference/ approx. 8" diameter |
Oregon Ash (Fraxinus latifolia) | 25" circumference/ approx. 8" diameter |
Red Alder (Alnus oregona) | 25" circumference/ approx. 8" diameter |
Sargent cypress (Cupressus sargentii) | 25" circumference/ approx. 8" diameter |
Tanbark Oak (Lithocarpus densiflora) | 25" circumference/ approx. 8" diameter |
Toyon (Heteromues arbutifolia) | 12" circumference/ approx. 4" diameter |
White Alder (Alnus rhombiflora) | 25" circumference/ approx. 8" diameter |
QUALIFIED ARBORIST. A Certified Arborist, a Certified Urban Forester, a Registered Consulting Arborist, or a Registered Professional Forester (RPF). Arborists must be certified by the International Society of Arborists (ISA). A Qualified Arborist must have a Fairfax Business License and be insured.
SPECIMEN TREE. Trees that, while not heritage trees, nonetheless make a significant aesthetic or environmental contribution to their immediate surroundings. SPECIMEN TREES can be undesirable tree species.
TOWN. The Town of Fairfax.
TREE. Any woody perennial plant characterized by having one or more trunks, any one of which has a diameter of four inches (circumference of 12 inches) or more, measured at four and one-half feet above existing lowest grade at the base of the tree.
TREE ALTERATION. Actions taken by cutting or pruning any tree (branches, trunks, roots), or by filling, surfacing, grading, compacting or changing the drainage pattern of the soil around any tree in a manner that threatens to diminish the vigor of the tree; provided that, as used in this chapter, the term ALTERATION does not include:
(1) Normal seasonal trimming, shaping, thinning or pruning of a tree necessary to its health and growth, and within national pruning standards as defined in the ANSI 300A Standards and by the International Society of Arboriculture pruning standards;
(2) Trimming, pruning or clearance of tree branches from lines of any public utility necessary to the maintenance of the lines; and
(3) Trimming, clearing or pruning by the Director of Public Works of any tree necessary for:
(a) The clearance of streets for pedestrian or vehicular traffic; or
(b) Compliance with fire, building and wildland urban interface codes as adopted by the town.
(4) Trimming, clearing or pruning required by the fire department to meet fire or wildland urban interface code requirements as adopted by the town.
TREE REMOVAL. Complete removal of a tree or any action resulting in the death of a tree or permanent damage to its health, or removal of more than one-fourth of the tree's foliage in any 12-month period.
UNDESIRABLE TREE SPECIES. Tree species that cannot be classified as heritage trees regardless of size due to their rapid growth (three feet per year) or their invasive, structurally hazardous, or flammable nature.
UNDESIRABLE TREES SPECIES. Include, but are not limited to, the following:
Acacia Trees (Acacia spp.)
Black Cottonwood (Populus trichocarpa)
Blue Gum Eucalyptus (Eucalyptus globulus)
Fremont's Cottonwood (Populus fremontii)
Liquidambar (Liquidambar styracflua)
Lombardy Poplar (Populus nigra 'italica')
Monterey Pine (Pinus radiata)
Monterey Cypress (Cupressus macrocarpa)
Pines (Pinus spp.)
Princess Tree (Paulownia tomentosa )
Privet (Ligustrum japonica)
(Ord. 743, passed 7-1-2009)
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