A.

Purpose. The Town finds that it is in the public interest to promote the continued health of this Town's abundant and diverse plant resources by providing regulations and guidelines for the management of the plant resources in the Town of Apple Valley on property or combinations of property under private or public ownership for the following purposes:

1.

To promote and sustain the health, vigor and productivity of plant life and aesthetic values within the Town through appropriate management techniques;

2.

To conserve the native plant life heritage for the benefit of all, including future generations;

3.

To protect native trees and plants from indiscriminate removal, and to regulate such activity;

4.

To provide a uniform standard for appropriate removal of native trees and plants in public and private places and streets to promote conservation of these valuable natural resources;

5.

To protect and maintain water productivity and quality in local watersheds; and

6.

To preserve rare plants and protect animals with limited or specialized habitats.

B.

Intent. The general provisions established by this Section shall also apply to Sections 9.76.020, 9.76.030, and 9.76.040 of this Chapter.

C.

Scope

1.

The provisions of this Chapter shall apply to all private land within the Town of Apple Valley and to public lands owned by the Town except as specified by the provisions of this Chapter.

2.

Exceptions. The provisions of this Chapter are not applicable to the removal of any regulated native tree or desert native plant, except for Joshua Trees as provided in Section 9.76.040, when such are removed in accordance with any of the following listed situations:

a.

Removal from lands owned by the United States Government, State of California or local governmental entity, excluding Special Districts.

b.

Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised Cable TV, where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned or braced.

c.

Removal required by other codes, ordinances or laws of the Town of Apple Valley, San Bernardino County, the State of California or the United States.

d.

Removal of native trees and plants which are an immediate threat to the public health, safety or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals.

e.

Removal as part of a bona fide agricultural activity as determined by the Town Manager, or designee, which is:

1)

Conducted under a land conservation contract; and/or

2)

An existing agricultural activity; and/or

3)

A proposed bona fide agricultural activity if the Town Manager, or designee, is given thirty (30) days written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The Town Manager, or designee, shall notify the landowner in writing prior to the elapse of the 30-day period if, in the opinion of the Town Manager, or designee, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.

A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity.

f.

Any regulated native plant or tree, except Joshua tree, that is within twenty (20) feet of a structure on the lot that was constructed or set down under a County or Town development permit.

3.

Conditions. The permits authorized by this Chapter may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable, regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.

D.

Removal Permit

1.

A removal permit shall be required for the removal of any native tree or plant that is subject to the provisions of this Chapter. Disturbing, moving (transplanting or otherwise), removal or destruction of an existing Joshua Tree(s) shall be subject to the provisions of Section 9.76.040.

2.

A land use application, a building permit and all other development permits (e.g., grading, mobilehome setdowns, etc.), shall consider and include a review of any proposed application and/or development permit shall be a permit for the removal of native trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this Chapter.

3.

The reviewing authority may require certification from an appropriate tree expert or desert native plant expert that such tree removals are appropriate, supportive of a healthy environment and are in compliance with the provisions of this Chapter.

4.

Removals of native trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by the Town of Apple Valley Planning Division, subject to the provisions of this Chapter.

5.

The Building Official shall require a pre-construction inspection prior to approval of development permits.

6.

The duration of a plant or tree removal permit when issued in conjunction with a land use application and/or a development permit shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The Reviewing Authority shall specify the expiration date for all other tree and/or plant removal permits.

E.

Findings for Removal. The Reviewing Authority shall authorize the removal of a native tree or plant subject to provisions of this Chapter only if the following findings are made:

1.

The removal of the native tree or plant does not have a significant adverse impact on any proposed mitigation measures, soil retention, soil erosion and sediment control measures, scenic routes, flood and surface water runoff and wildlife habitats.

2.

The removal of the native tree or plant is justified for one of the following reasons:

a.

The location of the native tree (excluding Joshua Trees) or plant and/or its dripline interferes with the reasonable improvement of the site with an allowed structure, sewage disposal area, paved area or other approved improvement or ground disturbing activity. Also such improvements have been designed in such a manner as to save as many healthy native trees and/or plants as reasonably practicable in conjunction with the proposed improvements.

b.

The location of the native tree or plant and/or its dripline interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property.

c.

The location of the native tree or plant is hazardous to pedestrian or vehicular travel or safety as determined by the Town Engineer.

d.

The native tree or plant or its presence interferes with or is causing extensive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements.

e.

The condition or location of the native plant or tree is adjacent to and in such close proximity to an existing structure that the native plant or tree has or will sustain significant damage.

F.

Plot Plan Requirements. Prior to the issuance of a native tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan shall be approved by the appropriate Town Review Authority (County Certified Plant Expert, Planning Commission or Town Council) for each site indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required plot plan.

Prior to issuance of development permits in areas with native trees or plants that are subject to the provisions of this Chapter, a pre-construction inspection shall be conducted by the appropriate authority. Such pre-construction inspections may be combined with any other required inspection.

G.

Construction Standards. During construction and prior to final inspection under a development permit, the following standard shall apply unless otherwise approved in writing by a Desert Native Plant Expert:

1.

Native tree trunks and plants shall not be enclosed within roof lines or decking.

2.

Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrade any live native tree or plant.

3.

Grade alterations. There shall be no grade alterations which buries any portion of a native tree or plant or significantly undercuts the root system within the dripline.

4.

"Trap Fencing" shall be utilized to prevent compaction damage to the root zone; installed a minimum of twenty-five (25) percent beyond the dripline.

H.

Fees. Where permits or reviews are required by this Chapter and they are not incorporated into other review or permit procedures, fees shall be paid in accordance with the Town of Apple Valley Schedule of Fees.

I.

Enforcement. The provisions of this Chapter shall be enforced by any authorized member of the Building and Safety, Code Enforcement or Planning Division.

1.

Extension of time. If any of the land governed by this Chapter shall be subject to snow, flooding, or other condition which shall render compliance with the provisions of this Chapter within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

2.

A peace officer or any authorized enforcement officer may, in the enforcement of this Chapter, make arrests without warrant for a violation of this Chapter, which he or she may witness, and may confiscate regulated native trees or plants, or parts thereof which are unlawfully harvested, possessed, sold or otherwise obtained in violation of this Chapter. Also any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle or other means of transportation within the Town of Apple Valley, which is suspected of containing or having present therein or thereon native plants in violation of this Chapter in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this Chapter.

3.

When any power or authority is given by any provision of this Chapter to any person, it may be exercised by any deputy, inspector or agent duly authorized by that person. Any person in whom the enforcement of any provision of this Chapter is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the Town to enforce the provisions of this Chapter.

4.

No person shall remove or damage all or part of any native tree or plant on another property without first obtaining notarized written permission from the landowner and any required Town permits, wood receipts or tags and seals. Also, it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a native tree or plant, whether it be alive or dead.

5.

No person, except as provided in this Chapter, shall harvest, offer for sale, destroy, dig up or mutilate or have, in his or her possession any regulated native plant or tree, or the living or dead parts of such unless the plant or tree was harvested or obtained under a valid Town permit, and where applicable, a valid wood receipt on his or her person. Any such person shall exhibit the permit, wood receipt, tags and/or seals upon request for inspection by any duly authorized Town Enforcement Officer or any peace officer. No wood receipt or tag and seal is valid unless it is issued with a valid Town permit.

6.

No person, except as provided in this Chapter, shall cause a disturbance of land which results in the removal of any regulated native trees or plants (e.g., grading or land clearing) and which is not in conjunction with any other development permit without first obtaining a native plant harvesting or tree removal permit issued by the appropriate reviewing authority.

J.

Penalties. Penalties shall include the following and any other penalties specified by Sections 9.76.020, 9.76.030, and 9.76.040 of this Chapter.

1.

ILLEGALLY REMOVED NATIVE TREE OR DESERT NATIVE PLANT PENALTY.

In addition to other penalties and fees imposed by this code or other law, any person, firm or corporation convicted of a violation of the provisions of this Chapter shall be guilty of a misdemeanor upon conviction. When one or more plants or trees are removed in violation of the provisions of this Chapter, the removal of each such separate plant or tree shall be a new and separate offence. The penalty for such offense shall be a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or six months in jail or both. Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition resulting from the violation.

2.

ILLEGALLY REMOVED NATIVE TREE OR DESERT NATIVE PLANT REPLACEMENT REQUIREMENT.

a.

In addition to other penalties imposed by this Code or other law, any person, firm or corporation convicted of violating the provisions of this Chapter regarding improper removal of regulated native trees or plants shall be required to retain, as appropriate, a tree or Desert Native Plant Expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.

If it is inappropriate to revegetate the illegally disturbed area another appropriate location (e.g., public parks) may be substituted at the direction of the court.

b.

The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two (2) years.

3.

Revocation of Permits. Upon conviction of a violation of this Chapter, all native trees or desert native plant removal permits issued to the person, firm or corporation convicted shall be revoked and no new or additional removal permits shall be issued to the permittee for a period of one year from the date of conviction and additionally in the desert area the permittee shall be required to surrender any permits to the Town Manager or his/her designee.