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Home My WebLink AboutTC Ord 1967-03-13 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF TIBURON REGULATING THE REMOVAL OF TREES ON PRIVATE PROPERTY, PROVIDING FOR THE GRANTING OF PERMITS. AND PROVIDING PENALTIES FOR VIOLATIONS. The City Council of the City of Tiburon does ordain as follows: Section 1. FINDINGS. ~he City Council finds that the following facts are trUe: The majority of residential property within the City of Tiburon is on hillside and sloping terrain. The wanton and indiscriminate destruction of trees could decimate the scenic beauty, cause erosion of top- soil, cause damage from wind, create flood hazards and risk of landslides, reduce property values resulting in the encouragement of substandard structures and developments, increase the cost of construction and maintenance of drainage systems through the increased flow and diversion of surface waters and adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work and visit. For these reasons the City Council finds it in the public interest, convenience and necessity to enact regulations controlling the removal of trees within the City in order to retain as many trees as possible, consistent with the economic enjoyment of private property, and that it is necessary to enact this ordinance to protect the public health, welfare and safety. Section 2. REMOVAL OF TREES PROHIBITED WITHOUT PERMIT. It shall be unlawful for any person to remove, destroy, or cause to be removed or destroyed any tree from any undeveloped parcel or income parcel without a permit as herein provided. Section 3. DEFINITIONS. (a) "Tree". As used in this ordinance, "tree" shall mean any woody plant characterized by having a trunk diameter of four inches (4") or more, measured at twenty-four inches (24") above ground level. (b) "Person". "Person" includes any individual, firm, part- nership, corporation, or any other legal entity. (c) ''Undeveloped Parcel". As used in this ordinance, an "undeveloped parcel" shall be any lot, or portion of a lot, which can be further subdivided or divided, or more intensively developed under the City's Zoning Ordinance, Subdivision Ordinance, or other ordinances and regulations of the City of Tiburon. Specifically excluded from this definition are those lots which are occupied by a principal building and cannot be further divided. (d) "Income Parcel". As used in this ordinance, "income parcel" shall mean every lot or parcel situated in an 1-1-1, M-2, M-3, A-P, C-P, C-I, C-2, H-I, R-2, R-3, R-3-A, R-P or R-P-2 zone as defined' in the' Zoning Ordinance. Section 4. PERMITS (a) Any person or his authorized agent desiring to remove or destroy one or more trees may apply in writing to the Development Administrator for a permit to do so. Said application shall include a plot plan showing the number and location of all trees on each parcel, shall designate all those to be removed, and shall contain a brief statement of the reason for removal as well as any other pertinent information the Administrator may require. On receipt of such application, the Administrator or his designated representative will inspect the premises and determine which trees may be removed. The determination of the Administrator or his designated representative shall be based upon the following criteria: 3/13/67 (1) The condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures, interference with utility services, and interference with neighboring property owners' views. (2) Necessity to remove trees in order to construct pro- posed improvements to allow enjoyment of substantial property rights. (3) Topography of land and the effect of tree removal on erosion, soil retention and the diversion Ot increased flow of surface waters. (4) Number of trees existing in the neighborhood, and the effect of tree removal upon property values in the area. (5) Good forestry practices; i.e., the number of healthy trees that a given parcel will support. The Administrator shall give priority of inspection to those requests based on hazard or danger of disease. (b) In case of emergency caused by a tr~e being in a hazardous or dangerous condition, such tree may be removed with permission of any mem- ber of the Police Department, the City Manager" or the Development Administrator. (c) Subdivisions. Tentative approval of a subdivision map by the Planning Commission designating clearly all trees upon the property which are to be removed shall constitute a permit to remove any trees so designated. Section 5. APPEAL. Any person aggrieved by any action of the Develop- ment Administrator or his des.ignated representative in denying or issuing any such permit as hereinabove described, may appeal to the City Council by filing a written appeal with the City Clerk ten (10) days of the rendition of the decision appealed from. No permit granted under the provisions of Section 4(a) shall be effective until the expiration of ten (10) days following..the granting of 5uchpcrmit~ If a written appeal is filed as herein provided, action under any' permit shall be suspended pending final decision of the City Council on the appeal. The Council shall hear the appeal within thirty (30) days following the filing of said appeal, and notice of the time and place of the appeal hearing shall be given to the appellant. The Council shall give such notice to the public or to other persons concerned as the Council deems advisable. Following the hearing of any such appeal, the Council may affirm, reverse or modify the action of the Administrator or his designated representa- tive, and may take any action thereon which would have been authorized in the first instance. The action of the City Council shall be final and conclusive. Section 6. TERMINATION. If a permit sought for under the provisions of this ordinance is granted, it shall be valid for a period of si~ty (60) days from issuance, unless a longer term is set forth in the permit, or, if an appeal is taken, sixty (60) days from the decision of the City Council. If the work to be done under the terms of the permit is not commenced prior to the expira- tion of said sixty (60) days, or such longer time as may be provided for, the permit shall become null and void. If the work is commenced under the terms of the permit, it must be completed within a period of one hundred twenty (120) days from date of issuance of the permit, or Council decision, if any, or such longer time as may be provided by the terms of the permit. If it is not so completed, the Development Administrator, to secure the public safety and wel- fare, may order the work completed by City employees or private contractor; all costs incident to such completion shall be due and payable to the City by the permittee upon completion. Section 7. PENALTIES. Any person who cuts, moves, or removes any tree within the City of Tiburon, or who cuts, moves or removes any tree in violation of the terms of any permit granted under this ordinance is guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $500.00, or a term not exceeding six !6)' months ir,. the County Jail, .or both such fine and impr:sonment. 3/13/67 2. Section 8. SEPARABILITY. If any section, prov1s10n, sentence, clause or phrase of this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 9. EFFECTIVE DATE. This ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (lS) days from and after its passage the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on March 13 , 1967 by the following vote: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Strawbridge, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None , ( ::' .,' 'irL J2N ,:~~~ JR."-- I Mayor of th~ City of Tiburon ATTEST: ~~..~;;;;;~ LAWR CE D. ROSE, City Clerk 3/13/67 CERnFIrA TION OF CI~. CLlRI< I, Lawrence D. Rose, CitY,Clerk of th Ci f . . . e ty 0 Tiburon, C4unty of Marin, State of California, do hereby certify that the attached i. a true and exact copy of Orc1iD&Dce Ro. -l.!!.-, Entitled AN ORDINANCE OF THE CITY OF TIBURON REGULATING ~ REMOVAL OF TREES ON PRIVATE PROPERTY. PROVIDING FOR THE GRANT'I~G OF PERMITS. AND PROVIDING PENALTIES FOR VIOLATIONS. which was duly adopted by the Council of the City of Tiburon on March 13. 1.967 and thereafter published in a newspaper of general circulation on in accordance with Government Code of the State ,9f Ca-lifornia. March .22. 1967 ~.~~.. tAWllNCI D. ROll, City. erk By