Section 3-505 Maintenance, Removal, or Relocation of Trees
3-505.A. Purpose. The purpose of this Ordinance is to facilitate the creation, maintenance, and protection of a diverse Community Forest that will be healthy and resilient for many years into the future, with a specific mix of tree species and ages throughout the Town. The Town recognizes that trees provide important environmental and aesthetic benefits to residents and guests of Telluride that extend well beyond the boundaries of the property on which they grow. The provisions herein are intended to govern the Town’s urban forest environments, but do not apply to the Open Space Zone Districts which are governed by other management practices and plans.
3-505.B. Maintenance, Removal, or Relocation of Trees. It is therefore unlawful for any person, including utility companies, without first obtaining a permit as herein provided, to top, cut down, remove, relocate or cause to be topped, cut down, removed or relocated, or knowingly damage so as to require the cutting down or removal, any cottonwood or aspen tree with a trunk diameter of six (6) inches or greater, or any other deciduous tree or coniferous tree with a trunk diameter of three (3) inches or greater, the measurement of which is to be taken at the Diameter at Breast Height (DBH) which is four feet six inches (4'6") above the highest existing grade at the base of the tree. Normal Tree Maintenance, as defined by the LUC, shall be exempt from the requirements and scope of this Section. Tree topping is prohibited.
Permits to cut down relocate or remove a tree as required under this Section shall be made to and issued by the Planning Director or his designee on such form as he or she shall provide. A permit applicant shall provide such information as the Planning Director deems necessary to adequately evaluate the permit request, including but not limited to a site plan of the subject property illustrating the following:
3-505.B.1. The location of existing or proposed structures, fences, driveways, sidewalks, public rights-of-way and utility lines, poles or pipelines.
3-505.B.2. The location of all existing cottonwood and aspen trees with a diameter of six (6) inches or greater and all other deciduous trees and existing coniferous trees with a diameter of three (3) inches or greater. All measurements are to be taken at the Diameter at Breast Height (DBH) which is four (4) feet six (6) inches above existing grade. Each tree is to be specified by trunk diameter and species.
3-505.B.3. The identification and location of any diseased or damaged tree, its size and species, and any tree endangered by or encroaching upon any utility line, pipeline, public right-of-way or structure.
3-505.B.4. The designation of all trees to be removed, retained or relocated and areas which shall remain undisturbed.
3-505.B.5. An identification of all proposed grade changes that could adversely impact the installation, maintenance, or growth of any tree to be retained on the site.
3-505.B.6. The proposed tree replacement plan consistent with the prioritized methods identified in section 3-505.E.1-3.
3-505.B.7. A Qualified Arborist assessment and recommendation as deemed necessary by the Planning Director.
3-505.C. Permit Application. Permit applications shall be accompanied by the appropriate fee and reviewed by the Planning Director, or his designee. The Planning Director may choose to refer the application to other departments such as Parks and Recreation and Building Department as necessary. The Planning Director may also request third party information such as a Qualified Arborist assessment and recommendation regarding the removal of the tree(s). A site visit with the permit applicant may be conducted prior to the issuance of a permit.
3-505.C.1. Standards for Removal. Permit applications shall be reviewed pursuant to the following standards:
a. Whether the tree cannot be reasonably preserved in its existing location, or can it be relocated on site.
b. The known or anticipated impact of the intended removal or relocation of a tree on flood, snow slide and landslide hazards, water runoff and erosion, public right-of-way, windbreaks and other trees and vegetation.
c. Whether removal or relocation of a tree is necessary to eliminate or minimize shade on solar panels used for energy production.
d. Whether removal or relocation of a tree is necessary to eliminate or minimize disease, danger of tree-fall, danger to utility infrastructure or structures, dangers to public rights-of-way, dangers to buildings or other structures, dangers to other trees, or constitutes a Hazard as defined by the LUC.
e. The number and kind of trees on the site and in the neighborhood of the site, the contribution of the subject tree to the aesthetic or historic character of the site or neighborhood, and the impact of the removal or relocation of the tree upon the property value of the site and adjoining properties.
f. Whether the removal or relocation of a tree is reasonably necessary for the development of the subject property or site or that of adjoining properties or sites involving from, by way of example, encroaching root systems or tree crowns. The party performing the development shall first consult with the affected property owner(s) and attempt to formulate an agreeable plan for removal or pruning of the encroaching tree(s), and shall bear all resulting permitting costs and fees.
g. Whether sustainable urban forestry practices, as defined by a Qualified Arborist and including the consideration of the number, spacing and species of trees on the site or adjoining properties, warrant the removal or relocation of the subject trees.
h. The value and impact of the subject trees to the spatial and architectural relationships between existing or planned structures on the site with other structures or trees.
3-505.D. Valuation of Trees. When, in accordance with this section, the value of a tree must be determined, the Basic Value shall equal twenty-five dollars ($25.00) per square inch of the cross sectional area of the tree at the Diameter at Breast Height (DBH).
Calculating the Basic Value, the following equation shall be used:
Basic Value = $25.00 x 3.14 x (D/2)2
3-505.E. Conditions of Permit Approval. Whether tree removal is sought for land development or improvement, the construction of structures, or tree removal in and of itself, the Planning Director, or his designee, shall require as a condition of permit approval one of the following in order of priority:
3-505.E.1. The replacement of such tree with another tree on the subject property. The replacement tree shall, where practicable, be of the same or comparable size and kind of the tree removed. The difference in value, which shall be estimated using the Basic Value method or another method recognized and practiced by a Qualified Arborist, whichever is less, shall be paid as a fee to the Tree Fund. This approach precludes application of the “caliper for caliper” mitigation approach, which allows six 1-inch tees to replace one 6-inch diameter tree, as the smaller trees are not a true replacement of the ecological value of the larger tree.
3-505.E.2. If a replacement tree may not reasonably be located on the subject property, then the Planning Director, or his designee, may require the permit applicant to plant the replacement tree on public or other private property within the neighborhood of the subject property, or within a public park or public open space area within the Town. The difference in value, which shall be estimated using the Basic Value method or another method recognized and practiced by a Qualified Arborist, whichever is less, shall be paid as a fee to the Tree Fund.
3-505.E.3. Alternatively, the Planning Director, or his designee, may allow the applicant to pay a cash-in-lieu fee equal to the Basic Value of the tree that was cut down and removed. Such fee shall be applied to the Tree Fund. The appraisal shall be conducted using the Basic Value method or another method recognized and practiced by a Qualified Arborist, whichever is less. The requirement for a mitigation tree and the difference in value paid to the Tree Fund may be reduced or waived at the discretion of the Planning Director for site specific situations when the purpose and the standards for removal section of this ordinance can still be met.
3-505.F. Hazard Trees. If the tree represents a Hazard as defined by this code, then the mitigation requirement may be reduced or waived at the discretion of the Planning Director. To reduce or waive the mitigation requirement the Hazard condition must be of natural causes, such as age, disease or other factors outside of the applicant’s control, and not the result of human actions to intentionally create a Hazard tree. A tree removed based upon human actions to create a Hazard tree or typical site development will require mitigation as specified in section 3-505.E.
3-505.G. Heritage Tree. Heritage Trees shall receive a special level of protection and consideration. An application for removal of a Heritage Tree shall exhaust all other alternatives before receiving Town approval for removal of the Heritage Tree. Upon recommendation from the public or the Town, the Planning Director may designate a tree as a Heritage Tree provided the tree’s health, aerial space, and open ground area for the root system have been certified as sufficient. No tree on private property can be designated without the consent of the property owner. This consent shall bind all successors, heirs, and assigns. As an incentive for designation, a Heritage Tree on either public or private land shall be eligible for maintenance or other services as provided by the Tree Fund (e.g., cabling reinforcement). Changes and modifications to a Heritage Tree designation over the course of its life are anticipated, provided they are subject to consideration by the Town Manager per the Appeal section 3-505.M of this Division.
3-505.H. Maintenance Required. As a condition of tree protection during construction the Planning Director, or his designee, may require a permitee to post security or provide a guarantee insuring a tree is in good health and free from disease for up to two (2) full growing seasons from the date it was sought to be protected during construction. Such a requirement is intended to be consistent with the Maintenance Required section of the LUC 3-502.F.
3-505.I. Tree Protection. It is unlawful for any person in the construction of any structure or other improvement to do the following:
3-505.I.1. Place material, machinery or substantially disturb the soil within the drip line of any cottonwood and aspen tree with a trunk diameter of six (6) inches or greater, or any other deciduous tree and coniferous tree with a trunk diameter of three (3) inches or greater, the measurement of which is to be taken at the Diameter at Breast Height (DBH) which is four (4) feet six (6) inches above grade; and during construction, the Planning Director, or his designee, shall require the erection of suitable protective barriers around all trees equal to the canopy of the tree. In addition, during construction, no attachments or wires other than protective guy wires shall be attached to any trees. Notwithstanding the above prohibitions, soil disturbance within the drip line of a tree may be allowed if it is determined by a Qualified Arborist that such activity can be done in a manner that would not negatively impact the health and vigor of the tree.
3-505.I.2. Cut the primary roots of existing trees within the drip line without oversight from a Qualified Arborist. If absolutely necessary roots greater than 2" in diameter shall be cut by hand.
3-505.J. Hazard Tree Removal. A permit need not first be obtained before the removal or cutting down of such tree. However, any person removing such a tree, or causing the removal or cutting down thereof, shall make all reasonable efforts to consult the Planning Director and/or a Qualified Arborist prior to removal of the tree. In all cases the removal of the tree shall be reported within seventy-two (72) hours thereof to the Planning Director. Once the Hazardous condition has been addressed, a tree removal permit shall be sought consistent with the requirements of this Section.
3-505.K. Consolidation of Reviews. The cutting down, relocation or removal of a tree may be consolidated with a duly processed and approved Development Application for New Construction or an Addition as issued under the Land Use Code.
3-505.L. Vesting. The cutting down, relocation or removal of a tree or trees, in and of itself, shall not constitute or be construed as development as that term is defined in the Land Use Code, and this Section shall regulate and govern the permitting of such activity. Tree removal approval shall be valid for a period of three (3) years from the effective date of the Tree Removal Permit. A Tree Removal Permit independent of a HARC Certificate of Appropriateness shall not constitute a site specific development plan for the purposes of establishing a vested property right.
3-505.M. Appeal. In the event that agreement cannot be reached upon the issuance of a permit, the permit application shall be referred to and resolved by the Town Manager. The appeal process is at the discretion of the Town Manager.