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0 � <br /> (b) Because the maintenance of views and sunlight benefits the general welfare of <br /> the entire Town, any unreasonable obstruction of views or sunlight from the <br /> primary living area shall also constitute a public nuisance. <br /> Section 5-9.05. Criteria for Determining Unreasonable Obstruction. <br /> The following criteria are to be considered (but are not exclusive) in determining whether <br /> unreasonable obstruction has occurred: <br /> (a) The extent of obstruction of pre-existing views from, or sunlight reaching, the <br /> primary living area of the Initiating Party, both currently and at tree maturity. <br /> (b) The quality of the pre-existing views being obstructed, including obstruction <br /> of landmarks, vistas, or other unique features. <br /> (c) The extent to which the trees interfere with efficient operation of an Initiating <br /> Parry's pre-existing solar energy systems. <br /> (d) The extent to which the Initiating Party's view and/or sunlight has been <br /> diminished over time by factors other than tree growth. <br /> Section 5-9.06. Criteria for Determining Appropriate Restorative Action. <br /> When it has been determined that unreasonable _obstruction has occurred, then the following <br /> unweighted factors shall be considered in determining appropriate restorative action: <br /> (a) The hazard posed by a tree or trees to persons or structures on the property of the <br /> Initiating Party including, but not limited to, fire danger and the danger of falling limbs or <br /> trees. <br /> (b) The variety of tree, its projected rate of growth and maintenance requirements. <br /> (c) Aesthetic quality of the tree(s), including but not limited to species characteristics, size, <br /> growth, form and vigor. <br /> (d) Location with respect to overall appearance, design, or use of the Tree Owner's <br /> property. <br /> (e) Soil stability provided by the tree(s) considering soil structure, degree of slope and <br /> extent of the tree's root system. <br /> (f) Privacy (visual and auditory), wind and landscape screening provided by the tree(s) to the <br /> Tree Owner and to neighbors. <br /> (g) Energy conservation and or climate control provided by the tree(s). <br /> 630225-1 5 <br />