§ 15-2. Definitions.

For the purpose of this chapter, the meaning and construction of words and phrases is as follows:

"Active use area" means the most frequently occupied portion or portions of a commercial building from which views are available.

"Complaining party" means any property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her pre-existing views or sunlight.

"Mediator" means a neutral, objective third person who assists people in finding mutually satisfactory solutions to their problem.

"Person" means any individual, corporation, partnership, firm or other legal entity, excluding the Town of Tiburon.

"Primary living area" means the portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is to be made on a case-by-case basis.

"Protected tree" means any of the following:

"Heritage tree," meaning any tree which has a trunk with a circumference exceeding sixty inches, measured twenty-four inches above the ground level.

"Oak tree," means any type of oak tree, including but not limited to coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak or valley oak tree.

"Dedicated tree," meaning a tree of special significance so designated by resolution of the town council.

"Removal" means the elimination of any tree from its present location.

"Restorative action" means any specific requirement to resolve a tree dispute.

"Stump growth" means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.

"Sunlight" means the availability of direct or indirect sunlight to the primary living area of a residence.

"Thinning" means the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition.

"Topping" means elimination of the upper portion of a tree's trunk or main leader.

"Tree" means any woody plant with the potential to obstruct views or sunlight, including but not limited to trees, shrubs, hedges, and bushes. References to "tree" shall include the plural.

"Tree claim" means the written basis for court action under the provisions of this chapter.

"Tree owner" means any person owning real property in Tiburon upon whose land is located a tree or trees alleged by a complaining party to cause an unreasonable obstruction.

"Trimming" means the selective removal of portions of branches from a tree so as to modify the tree(s) shape or profile or alter the tree's appearance.

"View" means a scene from the primary living area of a residence or the active use areas of a nonresidential building. The term "view" includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range. Views include but are not limited to skylines, bridges, landmarks, distant cities, distinctive geologic features, hillside terrains, wooded canyons, ridges and bodies of water.

Some additional examples are:

(1)

San Francisco Bay (including San Pablo Bay, Richardson Bay, and islands therein);

(2)

The San Francisco-Oakland Bay Bridge;

(3)

The Golden Gate Bridge;

(4)

The Richmond-San Rafael Bridge;

(5)

Mount Tamalpais;

(6)

The Tiburon Peninsula or surrounding communities (including the city of San Francisco).

"Windowing" means a form of thinning by which openings or "windows" are created to restore views and or sunlight.

(Ord. No. 379 N.S., § 3 (part))

(Ord. No. 572 N.S. , § 2(B)—(D), 5-17-2017)