9-1-19-48A: POLICY 48 (ABSOLUTE) VOLUNTARY DEFENSIBLE SPACE:
A Class D minor development permit may be issued to authorize a landowner to voluntarily create defensible space around his or her building or structure, or on the landowner's parcel of land, in accordance with the following requirements: (Ord. 1, Series 2014)
A. The intent of this policy is as follows:
1. To allow landowners to voluntarily reduce fuels that can feed a fire. This will reduce the chance of a structure fire spreading to the surrounding forest or other lands or structures.
2. To allow landowners to voluntarily provide areas around their structures or on their land where fire suppression personnel and equipment can more effectively fight fires.
3. To protect life and property.
4. To encourage the development of new diverse forests.
5. To preserve visual buffers to the greatest extent possible consistent with the ability of a landowner to voluntarily achieve defensible space in accordance with this policy.
6. To protect the town's scenic backdrop which is vital to the economic well being of the town and its citizens.
This policy shall be interpreted and applied consistently with this intent.
B. Prior to issuing a development permit authorizing the voluntary creation of defensible space the director or the fire district shall conduct a physical inspection of each building, structure, or property that is the subject of the application.
C. The following standards shall apply to an application for the voluntary creation of defensible space:
1. The property shall be divided into three (3) zones. Zone one shall be measured thirty feet (30') from the eaves of the building or structure including attached structures or protrusions, such as a deck on the property. Zone two shall be measured seventy five feet (75') or greater from the eaves of the building or structure including attached structures or protrusions, such as a deck on the property, depending on slope from the eaves of the building or structure on the property, and shall exclude the portion of the property located within zone one. Zone three shall extend beyond zone two to the property boundary.
2. Except as may be required to comply with the requirements of title 5, chapter 11 of this code concerning mountain pine beetle infested trees, no portion of any property may be "clear cut" in order to achieve defensible space.
3. Except as may be required to comply with the requirements of title 5, chapter 11 of this code concerning mountain pine beetle infested trees, no more trees shall be allowed to be removed than are necessary in order for the landowner to create defensible space around his or her property.
4. In reviewing an application for the voluntary creation of defensible space the director shall consider both the horizontal clearance between aerial fuels, such as the outside edge of the tree crowns or high brush, as well as the vertical clearance between lower limbs of aerial fuels and the nearest surface fuels and grass/weeds.
5. Each property that is the subject of an application for the voluntary creation of defensible space shall be reviewed individually, and the location and other physical characteristics of the property shall be considered. Without limiting the generality of the preceding provisions, the director shall consider the property's proximity to a roadway, parking lot, and other similar areas that create fuel firebreaks. Similarly, large tracts of open space and forest service land that may require larger buffers shall be considered.
D. The following specific standards apply to the creation of defensible space within zone one:
1. Healthy trees, shrubs, and other landscaping materials that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
2. Healthy trees, shrubs, and other landscaping material required by a town approved landscape plan shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
3. Other healthy firewise trees, shrubs, and other landscaping material shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
4. Irrigated trees, shrubs, and other landscaping material may be preserved if they are pruned to remove dead branches and well spaced to reduce the risk of a fire spreading to other vegetation or structures.
5. All dead and diseased trees, shrubs, and other landscaping material shall be removed.
6. All vegetation and combustible material shall be removed from under all eaves and decks.
7. All leaf clutter, dead branches, and dead standing trees shall be removed from the property. Dead branches on living trees shall be trimmed to a minimum height of six feet (6') and a maximum height of ten feet (10') above the ground.
8. All grasses and ground cover shall be kept under six inches (6") in height.
Exception: Plantings located in an irrigated planting bed, and wildflowers or native grasses; however, wildflowers and native grasses shall be cut back to under six inches (6") in height in the fall of each year once they go to seed.
9. All leaf and needle clutter and combustible ground debris shall be removed. Mulch within landscape beds that are irrigated may be maintained at a maximum depth of three inches (3").
10. All firewood shall be removed unless covered by a canvas tarp, or as approved by the fire district.
11. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
E. The following specific standards apply to the creation of defensible space within zone two:
1. Healthy trees, shrubs, and other landscaping material required by a town approved landscape plan shall be preserved.
2. Healthy trees, shrubs, and other landscaping material that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
3. Other healthy firewise trees, shrubs, and other landscaping material shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.
4. Irrigated trees, shrubs and other landscaping material may be preserved if they are pruned to remove dead branches and are well spaced to reduce the risk of a fire spreading to other vegetation or structures.
5. All dead and diseased trees, shrubs, and other landscaping material shall be removed. However, one snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.
6. Trees shall be thinned to open up crown spacing to a minimum of ten feet (10') between the widest portion of individual crowns of the trees.
7. Groups of trees with a minimum of ten feet (10') between the edges of the widest portions of crowns of each grouping shall be preserved to allow buffers to remain and to prevent wind throw.
8. Firewood may be maintained if an adequate buffer around the firewood is determined to exist by the fire district.
9. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
F. The following specific standards apply to the creation of defensible space within zone three:
1. All dead and diseased trees, shrubs, and other landscaping material shall be removed. However, one snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.
2. Additional firewise landscaping material is encouraged and may be authorized by the development permit.
G. The director has the authority from time to time to adopt, amend, alter and repeal administrative rules and regulations as necessary for the proper administration of this policy. Such regulations shall be adopted in accordance with the procedures established by title 1, chapter 18 of this code. The director's administrative rules may include, without limitation, spacing guidelines for trees, shrubs, and other vegetation and, if adopted, shall provide that the allowed distances between vegetation will depend on slopes, vegetation size, vegetation type (trees, shrubs, grass), and other fuel characteristics (including, but not limited to, fuel compaction and chemical content).
H. For the purpose of attempting to make certain that tree removal contractors working within the town are familiar with the goals of this policy, but not to regulate the means, methods, training, equipment, or business practices of tree removal contractors, the director shall maintain a list of town approved tree removal contractors. The town makes no guarantees or representations whatsoever concerning the qualifications, experience, ability, competence, or business practices of any town approved tree removal contractor. The town has no liability to any person with respect to the work or business practices of a town approved tree removal contractor, and no action at law or in equity shall lie against the town as a result of a person being placed on or removed from the director's list of town approved tree removal contractors. The director may provide in his rules and regulations for the removal of a contractor from the list of town approved contractors.
I. Trees, shrubs, and other landscaping authorized by the director to be voluntarily removed by the landowner in order to achieve the required defensible space shall be clearly identified in the field and photographed or located by global positioning satellite software by the director.
J. The fire district may assist the director in administering this policy if authorized by an intergovernmental agreement with the town. The intergovernmental agreement shall be consistent with the provisions of this policy. All personnel involved in the enforcement of this policy shall be trained by the director to make sure that they are aware of the town's goals of preserving buffers and required landscape materials while creating defensible space. (Ord. 27, Series 2009)