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o � <br /> sunlight blockage potential, both currently and at tree maturity. Persons have the <br /> right to seek civil remedies when threatened by dangerous tree growth. <br /> 4. The Town shall establish a process by which persons may seek to preserve and <br /> restore views or sunlight which existed at any time since they purchased the <br /> property or up to 15 years prior to adoption of this ordinance whichever is less, <br /> from unreasonable obstruction by the growth of trees. The Town shall also <br /> establish a list of factors to be considered in determining appropriate actions to <br /> restore views or sunlight. <br /> 5. When a view or sunlight obstruction dispute arises, the parties should act <br /> reasonably to resolve the dispute through friendly communication, thoughtful <br /> negotiation, compromise, and other traditional means, such as discussions with <br /> the appropriate neighborhood or homeowner association. Those disputes which <br /> are not resolved through such means shall follow the procedure established <br /> herein. <br /> 6. It is the intent of the Town that the provisions of this Chapter receive <br /> thoughtful and reasonable application. It is not the intent of the Town to <br /> encourage clear-cutting or substantial denuding of any property of its trees by <br /> overzealous application of provisions of this Chapter. <br /> Section 5-9.02. Definitions. <br /> For the purpose of this Chapter, the meaning and construction of words and phrases is as <br /> follows: <br /> Arbitrator: A neutral person who will conduct a process similar to a trial, <br /> and who will hear testimony, consider evidence, and make a binding <br /> decision for the disputing parties. <br /> Binding Arbitration: A legal procedure as set forth in Section 1280 et seq. <br /> of the Code of Civil Procedure. <br /> Initiating Partes Any property owner (or legal occupant with written <br /> permission of the property owner) who alleges that trees located on the <br /> property of another person are causing unreasonable obstruction of his or <br /> her pre-existing views or sunlight. <br /> Landscape Screening_ A method by which trees and vegetation are planted <br /> in order to separate and partially obstruct the view of adjacent and nearby <br /> structures and properties from one another. Landscape screening shall <br /> generally not exceed the height of the ridgeline of the primary structure. <br /> Mediator: A neutral, objective third person who assists people in finding <br /> mutually satisfactory solutions to their problem. <br /> 630225-1 2 <br />