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o � <br /> removal of protected trees shall require a permit from the Town pursuant <br /> to the Town Municipal Code. <br /> Stump Growth. Stump growth generally results in the hazard of weak <br /> limbs, and its protection is not desirable. When considering restorative <br /> action for stump growth, aggressive action is preferred. Restorative action <br /> which will result in future stump growth should be avoided. <br /> Trimming. Trimming is the most minor form of physical restorative <br /> action. This option is recommended when minor unreasonable obstruction <br /> has occurred, provided that ongoing maintenance is guaranteed. <br /> Thinning or Windowing. When simple trimming will not resolve the <br /> unreasonable obstruction, thinning or windowing may be necessary. These <br /> should be supervised by a certified arborist. <br /> Topping. Topping as a restorative action should be used with caution. <br /> Topping can have deleterious effects on a tree's health, appearance, and <br /> cost of maintenance. Topping frequently results in stump growth. Tree <br /> removal, with replacement plantings,may be a preferable alternative. <br /> Removal. Tree removal may be required where such removal is essential <br /> to preserve pre-existing views or sunlight. While normally considered a <br /> drastic measure, tree removal can be the preferred solution •in many <br /> circumstances. <br /> Disturbance to Nesting Birds Topping and Tree removal should take place <br /> between the end of August and the beginning of January to avoid <br /> disturbance of nesting birds protected under the Federal Migratory Bird <br /> Treaty Act (MBTA) and California Department of Fish and Game Code <br /> Section 3500 et seq unless a nesting bird survey is first conducted and <br /> there is a determination that there are no active nests within the tree. <br /> Maintenance. Ongoing tree maintenance requirements are strongly <br /> recommended as part of Restorative Action in order to achieve lasting <br /> preservation of pre-existing views or sunlight. <br /> Section 5-9.09. Process for Resolution of Obstruction Disputes. <br /> The following process shall be used in the resolution of view and sunlight obstruction disputes <br /> between parties: <br /> 1. Initial Reconciliation: An Initiating Party who believes that tree growth on the property <br /> of another has caused unreasonable obstruction of views or sunlight from the primary <br /> living area shall notify the Tree Owner in writing of such concerns. <br /> 630225-1 7 <br />