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Home My WebLink Aboutordinance.council.047-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 47 (Series of 1974) AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, (WHICH CHAPTER IS ENTITLED ,,MISCELLANEOUS OFFENSES AND PROVISIONS") BY THE ADDITION OF SECTION 13-76 THERETO REQUIRING A PERMIT ~OR REMOVAL OF ANY TREE WITH A TRUNK DIAMETER OF SIX (6) INCHES OR MORE; PROVIDING FOR THE SUBMISSION, ON REQUEST OF THE BUILDING INSPECTOR, OF A SITE PLAN ON APPLICATION FOR SAID PERMIT; DESCRIBING THE CRITERIA FOR REVIEW OF ALL APPLICATIONS; PROVIDING FOR THE RELOCATION OR REPLACEMENT OF TREES; PROHIBITING CONSTRUCTION NEAR TREES; ESTABLISHING PENALTIES FOR VIOLATION OF THIS SECTION; AND AUTHORIZING THE CREATION OF AN OFFICIAL TREE LIST FOR THE CITY OF ASPEN. WHEREAS, the City Council is apprised that trees within the City of Aspen constitute a natural asset to the city and are threatened by continuing construction and other land uses, and WHEREAS, the City Council wishes to regulate the removal of trees of a certain size so as to minimize flood hazards, prevent the risk of landslides and snow- slides, stop excessive runoff of water and protect the watershed, contribute to the control of air pollution and noise reduction, and preserve the natural beauty of the area by requiring that a permit issue prior to the removal of certain trees on private property within the City of Aspen, and WHEREAS, the city Council wishes to authorize the City Parks Department to establish an official street tree list for the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal code of the City of Aspen, colorado, is hereby amended by adding a section, which RECORD OF PROCEEDINGS 100 Leaves said section shall read as follows: "13-76 Removal of Trees; Permit Required It shall be unlawful for any person, without first obtaining a permit to do so as herein provided, to remove, or cause to be removed or effectively remove through damaging, any tree with a trunk diameter of six inches (6") or more, said diameter being measured four and one-half feet (4%') above grade. A. The terms and provisions of this section shall apply to all real property presently situated in or~ subsequently annexed to the corporate limits of the City of Aspen. B. Any person wishing to obtain a permit to remove such a tree shall file an appropriate application with the build- ing inspector of the City. Such application shall contain such infor- mation as the building inspector shall require to permit him to adequately enforce the provisions of this section. C. On request of the building inspector and when necessary to adequately apprise the building inspector of the intended tree removal, said application shall include a site plan showing the follow- ing: (1) Location of proposed driveways and other planned areas of structures on said site; -2- RECORD OF PROCEEDINGS 100 Leaves (2) Location of all trees six inches (6") or over in trunk diameter measured four and one-half feet (4%') above grade and identified as to type, trunk diameter and species; (3) Designation of all diseased trees and any trees endangering any road- way pavement and trees endangering utility service lines; (4) Designation of any trees to be removed, of trees to be retained, and areas which will remain undisturbed; (5) Any proposed grade changes which might adversely affect or endanger any trees on the site with specifi- cations as to how to maintain the trees. After filing said application, the Parks Director and Building Inspector shall review the application (and site plan if required) and determine what effect the intended removal of trees will have upon the natural resources of the area. More specifically, they shall consider: (1) Whether the trees intended for removal are necessary to minimize flood hazards or to minimize snowslides and landslides; (2) Whether retention of the trees is -3- RECORD OF PROCEEDINGS 100 Leaves necessary to prevent excessive runoff of water and otherwise protect the watershed; (3) Whether the removal of the trees will cause wind erosion or other- wise adversely affect air quality; (4) The condition of the trees with respect to disease, danger of falling and interference with utility services; (5) The number and kind of trees in the neighborhood, the contribution of the trees to the natural beauty of the area, and the effect of removal upon property values in the area; (6) The necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property; and (7) The implementation of good forestry practices, including consideration of the number of healthy trees that the parcel of land upon which such tree is growing will support. Based upon a review of these factors, the permit shall either be granted or denied by the Building Inspector. Where construction of structures or improvement on any real property necessitates the removal of such trees, the Building Inspector may, as a condition -4- RECORD OF PROCEEDINGS 100 Leaves for the approval of the application for removal, require that the owner either relocate or replace a tree or trees with comparable substitutes somewhere within the property lines of the site. Comparable substitute is defined as a tree or trees of equal size and value to the appraised value of that tree which is to be removed or relocated. No trees shall be removed from city property except in accordance with Division 2 of Article V of Chapter Nineteen of this Code. It shall be unlawful for any person in the construction of any structures or other improvement to place material, machinery or temporary soil deposits within two (2) feet of any tree having a six (6) inch or greater trunk diameter measured four and one-half (4%) feet about grade, and during construction the Building Inspector may require the erection of suitable barriers around all trees to be preserved. In addition, during construction, no attachments or wires other than protective guy wires shall be attached to any such trees. Nothing herein shall prevent the relocation of trees upon a building site by the owner thereof, nor shall a permit be required -5- RECORD OF PROCEEDINGS 100 Leaves Je therefore. In addition, the removal of dead trees shall not require prior approval or permit from the City of Aspen, whether or not the same shall constitute a hazard. In case of 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. In the event that there shall be approved, pursuant to Chapter 20 of this Code, a subdivision plat showing each tree proposed to be removed, such approval by the city shall constitute a permit to remove the trees designated and no application as herein provided for shall be required." Section 2 The violation of any provision of Section 1 hereof shall constitute an offense and be punishable by a fine of not exceeding Three Hundred ($300.00) Dollars or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment at the discretion of the Court. Section 3 The Department of Parks of the city is hereby authorized to establish an official street tree list for the City of Aspen which list shall be followed in -6- RECORD OF PROCEEDINGS 100 Leaves the planting or replanting of trees in public areas and rights of way. Section 4 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. Section 5 A public hearing on the ordinance shall be held on ~c~,-~,~ /,) 1974, at ~ i'¢ ~ P.M. in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law b~ the City Council of the City of Aspen, Colorado, ATTEST: FINALLY ADOPTED, ATTEST: ~--~ City Clerk 1974. SMta~y ~t .and~ey ~~ / PASSED AND APPROVED this /,~$ ~ ~Q Stac~/S~dle~Z / May~ ~ STATE OF COL0~\D0) '~ ~ E ) ss CER%IFICAT COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on September 23 .., 199 , and published in the Aspen Times.., a weekly newspaper of general circulation, published in City of Aspen, Colorado, in its issue of September 26 , and was finally adopted and approved at October 15 the City Council on published as Ordinance No. 47 said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this . 16th day of October , 1974 . the 1974 , a regular meeting of , 1974 , and ordered , Series of 19~ , of SEAL .__~~Graves, City Cler~