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HomeMy WebLinkAboutordinance.council.019-04 ORDINANCE NO. 19 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 13 OF THE ASPEN MUNICIPAL CODE BY REPEALING CHAPTER TO ENACT 13.20, TREE REMOVAL PERMIT, AND ADOPTING A ~W CHAPTER 13.20 AMENDED TREE REMOVAL PERMIT REGULATIONS FOR THE CITY OF ASPEN TO PROHIBIT THE REMOVAL OF TREES WITHOUT A PERMIT, AND ESTABLISHING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, trees provide important environmental and aesthetic benefits to the people and guests of the City of Aspen which extend beyond the boundaries of the property on which they grow; and WHEREAS, trees contribute to real estate values throughout the community; and WHEREAS, trees provide important health benefits to the citizens and guests of the City of Aspen which extend beyond the boundaries of the property on which they grow; and WHEREAS, large trees are a resource which cannot reasonably be fully replaced if injured, damaged or removed; and WHEREAS, property development and construction activities can result in injury or loss of valuable trees in the City of Aspen; and, WHEREAS, the Parks Department of the City of Aspen has the expertise and qualified staff to effectively and fairly administer regulations to prevent unnecessary damage or destruction of trees; and WHEREAS, the City Council has determined that the current value of trees needs to be amended in the existing regulations to account for the increased value of trees; and WHEREAS, the City Council has determined that the.impact of any tree on historically designated property or adjacent right of way should be considered by the Parks Department when considering the issuance of tree removal permits. NOWi THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Chapter 13.20 of the Aspen Municipal Code is hereby repealed in its entirety and a new Chapter 13.20 shall be enacted to read as follows: TREE REMOVAL PERMITS Sections: 13.20.010 13.20.020 13.20.030 Legislative intent and purposes. Removal of trees--Permit required--Valuation. Fees. 13.20.010 Legislative intent and purposes. The city council finds that trees provide important environmental, aesthetic, and health benefits to the residents and guests of the City of Aspen which extend beyond the boundaries of the property upon which trees may grow. The city council further finds that trees enhance the real estate values of property upon which trees grow and neighboring properties. Large trees are a resource which cannot be fully replaced if injured, damaged or removed. Property development and construction activities .can result in injury or loss of valuable trees in the City of Aspen. It is the intent of this chapter to preserve to the fullest extent possible existing trees considered desirable by the Manager of Parks and Recreation or his designee as hereinafter set forth. 13.20.020 Removal of trees--Permit required--Valuation. (a) Applicability of section and definition. The terms and provisions of this chapter shall apply to all private and public real property situated in or subsequently annexed to the corporate limits of the City of Aspen. The term tree shall include, for purposes of this chapter, all deciduous trees having a trunk diameter of six (6) inches or more, Querus gambelli (Gamble Oak), Acer glabrum (Rocky Mountain Maple), Amelanchier spp. (Serviceberry), and Prunus Virginiana (Chokecherry) with a trunk diameter of three (3) inches or more, coniferous trees having trunk diameter of four (4) inches or more. Trunk diameters shall be measured in inches measured as close to four and one-half (4¥2) feet above ground as possible. (b) Removal or damage to trees prohibited without permit. (1) It shall be unlawful for any person, without first obtaining a permit' as herein provided, to remove or cause to be removed any tree. (2) It shall be unlawful for any person, without first obtaining a permit for tree removal as herein provided, to dig, excavate, turn, compact, or till the soil within the dripline of any tree in such a manner as to cause material damage to the root system of the tree. For purposes of this subsection, the "dripline" of a tree is a cylinder extending from grade level down to a depth often (10) feet below grade, having a radius equal to the length of the longest branch of the tree, with the center of the cylinder located at the center of the trunk of the Fee. (3) It shall be unlawful for any person in the construction of any structure or other improvement to park or place machinery, automobiles, or structures; or to pile, store Or place, soil, excavated material, fill, or any other matter within the dripline of any tree. During construction the Manager of Parks and Recreation, or his designee, may require the erection of suitable barriers arbund all trees, including trees not included in the definition set forth at subsection (a) of ~is section, to be preserved, ~ ~ m;~ ':~ "~ ~ ~eX: ~ ~ e ~g[~ Roots must be protected from exposure to the elements with burlap or other sUitable materials, these materials must remain moist during the extent of the project. In addition, during construction, no attachments or wires other than protective guy wires shall be attached to any tree. (4) It shall be unlawful for any person, without first obtaining a permit for tree removal as herein provided, or approval from the Manager of Parks and Recreation, or his designee, of a project site plan, to pave, with any non-porous material, more than ten (10) percent of the area within the dripline of any tree. (5) It shall be unlawful for any person, without first obtaining a permit for tree removal as herein provided, to intentionally top, damage, girdle, l.!~f.;~, or poison any healthy tree. For purposes of this section "topping" a tree is the removal of more than five (5) percent of the height from the top of any deciduous tree or the removal of the terminal bud from a coniferous tree. The terminal bud of a coniferous tree is the highest bud on the tree. (6) It shall be unlawful for any person, without first obtaining a permit as herein provided, to relocate any tree. If a relocated tree dies within two (2) years of relocation and is not replaced with a tree of equal value, the death of the relocated tree shall be deemed an un-permitted tree removal. This section shall not apply to the initial planting of trees obtained from nursery stock. (7) It shall be unlawful for any person to fail to provide the Manager of Parks and Recreation, or his designee, with ~t~ notice, delivered at least four (4) working ~s in advance, of the time and date on which removal of any tree will occur. ~r!~;~ notme pursuant to th s section is required even if a permit for tree removal, as herein provided, has been obtained. (8) Each violation of the above subsections (b)(1-7) shall be a separate offense. (c) Penalty. Any person convicted of violating any provision of Chapter 13.20 shall be subject to punishment as set forth in section 1.04.080 of this Code. (d) Tree removal permits.' (1) Any person wishing to obtain a permit or relocate a tree shall file an appropriate application with the Manager of Parks and Recreation, or his designee. Such application shall contain such information as the Manager of Parks and Recreation, or his designee, shall require to allow adequate enforcement of this section. (2) On request of the Manager of Parks and Recreation, or his designee, and when necessary to adequately apprise the Manager of Parks and Recreation, or his designee, o f the intended tree removal, said application shall include a site plan showing the following: (i) Location of proposed driveways and other planned areas of structures on said site; (ii) Location of all trees four (4) inches or over identified by trunk diameter and species; (iii) Designation of all diseased trees and any trees endangering any roadway pavement or structures, and trees endangering utility service lines; (iv) Designation of any trees proposed to be removed, retained, and relocated, and areas which will remain undisturbed; (V) Any proposed grade changes which may adversely impact any trees on the site. (3) After filing said application, the Manager of Parks and Recreation, or his designee, shall review the application (and site plan if required) and determine what effect the intended removal or relocation of trees will have on the natural and historic resources of the area. Based on a review of the following factors, the Manager of Parks and Recreation shall either grant or deny the requested permit: (i) Whether the trees.intended for removal or relocation are necessary to minimize flood, snowslide, or landslide hazards; (ii) Whether retention of the trees is necessary to prevent excess water runoff or otherwise protect the watershed; (iii) Whether the 'removal or relocation of the trees will cause wind erosion or otherwise adversely affect air quality; (iv) The condition of the trees with respect to disease, danger of falling, and interference with utility lines; (v) The number and types of trees in the neighborhood, the contribution of the trees to the natural beauty of the area, and the effect of removal or relocation on property values in the area; (vi) The necessity, or lack thereof, to remove the trees to allow reasonable economic use and enjoyment of the property; (vii) The implementation of good forestry practices, including consideration of the number of healthy trees that the parcel of land in question can support; (viii) The adequacy of the methods proposed to be used to relocate any trees; and (ix) The impact of any tree on a historically designated property or adjacent right of way by considering the fgllowing matters: (A) In cases where a tree is jeopardizing the physical integrity of a historically designated structure through contact with the building, heaving due to roots, or shading that result in decay, deterioration, or structural defect, this shall be justification for the issuance of a tree removal permit exempt from mitigatiOn pursuant to Section 13.20.020.e. Examples of unacceptable impacts to a historically designated structure include: deterioration of exterior walls, foundations, or other vertical supports; deterioration of flooring or floor supports, or other horizontal members; deterioration of external chimneys; deterioration or crumbling of exterior plasters or mortars; ineffective waterproofing of exterior walls, roofs and foundations; the inability to retain paint on exterior surfaces; or excessive weathering of exterior surfaces. The applicant for a tree removal permit shall be required to submit proof of the damage that is occurring in the form of a written evaluation from a third party with expertise in structural engineering or a relevant building trade. The Manager of Parks and Recreation may suggest, means to prevent the tree from causing further damage short of its removal if these actions would meaningfully reverse the problem. 03.) In cases where, per the advice of the Historic Preservation Commission, a tree detracts from the integrity of a landscape which has been historically designated for its own merits, this shall be justification for the issuance of a tree removal permit exempt from mitigation pursuant to Section 13.20.020.e. (C.) In cases where the visibility of the street facing facades of a historically designated structure are impacted by an evergreen tree which is not located in the city right-of-way, to the extent that the public enjoyment of the resource is seriously diminished per the advice of the Historic Preservation Commission, this shall be justification for the issuance of a tree removal permit exempt from mitigation pursuant to Section 13.20.020.e. The Manager e f Parks and Recreation may consider whether the tree in question has a unique character to offset the negative impact to the structure. This character may include an unusual or unique species or specimen tree quality. The Manager of Parks and Recreation may suggest means to prevent the tree from obstructing the resource, short of its removal, if these actions would meaningfully reverse the problem. (D.) In cases where, per the advice of the Historic Preservation Commission, a tree is inconsistent with established historic landscape patterns in the area or landscape practices associated with the period of significance of the property or district, the removal or relocation of the tree should be considered, subject to mitigation pursuant to Section 13.20.020.e. The Manager of Parks and Recreation may consider whether the tree in question has a unique character to offset the negative impact to the structure. This character may include an unusual or unique species or specimen tree quality. (E.) In cases where, per the advice of the Historic Preservation Commission, the protection of a tree conflicts with the redevelopment of a historically designated property in a manner that is consistent with the "City of Aspen Historic Preservation Design Guidelines," the Manager of Parks and Recreation shall consult with the Historic Preservation Commission to consider the feasibility of all options, including removal or relocation of the tree, or redesign of the development. Unless the tree is an unusual or unique species, or specimen tree quality, flexibility shall be allowed for its removal or relocation in favor of the best preservation option for the historic structure, subject to mitigation pursuant to Section 13.20.020.e. (4) Where construction of structures or improvements on any property necessitates the removal or relocation of any trees, the Manager of Parks and Recreation, or his designee, may, as a condition for the approval of the removal or relocation, require that the owner replace any removed or relocated~ trees with a tree or trees of comparable value on the affected property. When in the opinion of the Manager of Parks and Recreation, or his designee, replacement or relocated trees cannot reasonably be accommodated on the affected property; the applicant shall pay a cash-in-lieu amount equal to the comparable value of the aggregate of all trees removed. Comparable value for purposes of this section shall mean a tree or trees of equal aggregate value and species to the replacement cost of the tree to be removed or relocated. (5) No trees shall be removed from city property except in accordance with Chapter 21.20 of this Code. (6) The removal of dead trees shall require prior notice to the Manager of Parks and Recreation, or his designee, and a permit from the City of Aspen. (7) In case of an emergency caused by a tree being in a hazardous or dangerous condition posing an immediate threat to person or property, such tree may be removed without resort to the procedures herein described; provided; .however, that evidence of such an emergency is provided to the Manager of Parks and Recreation, or his designee, within twenty-four (24) hours. (8) After obtaining a permit as herein provided the responsible party must post the permit in such a manner that it is clearly visible from curbside of the property. (e) Valuation of trees. When, in accordance with this section, the value of a tree must be determined the Basic Value shall equal thirty-eight dollars ($38.00) per square inch of the cross sectional area of the tree at the point where the diameter of the tree is measured. In calculating the Basic Value, the following equation shall be used: Basic Value = $38.00 x 3.14 x (D/2)2 Where: D = the diameter of the tree in inches. 13.20.030 Fees. The applicable administrative fees for tree removal permits and permits to landscape in the public right-of-way shall be as established in section 2.12.080, Parks Department Administrative Fees. 13.20.040 Appeals. Any person not satisfied with the action taken by the Manager of Parks and Recreation, or his designee, or any other city staff person with regard to an application pursuant to this chapter shall have the right to take successive appeals, first to the city manager, and then to the city council. An appeal to the city manager shall be taken by filing with the city clerk a signed statement that the applicant desires to appeal to the city manager, along with a copy of the application and the written denial or the permit objected to. An appeal of a decision by the city manager to the city council shall be taken by filing with the city clerk copies of the application, denial or permit, and the written decision issued by the city manager, along with a signed statement that the applicant.desires to appeal to the city council. Each appeal shall be filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the decision appealed from. An informal summary hearing shall precede a decision by either the city manager or city council and advance notice of the hearing shall be provided to the applicant and the city official whose decision is being appealed as soon as is practicable. The right to appeal an adverse decision by the city manager to city council shall be contingent upon city council's regular meeting schedule. If the applicants appeal cannot be heard by the city council within ninety (90) days of the original decision then the city manager's decision shall be final. Section 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason 'held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 'A public heating on the ordinance shall be held on the 14th day June2004, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. · INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City' Council of the City of Aspen on the 25th day of May 200~.__: _/~ ~~ .~ ,~ H'elefi I~linIKt~erud, Mayor Kathryn S. ~ch, City Clerk FINALLY adopted, passed and approved this 14th day of June 21)0_4.. Hel~'h Kalin K~[arffl'~d~-l~/ayor ATTEST: Kathryn S. Ko~, City Clerk