HomeMy WebLinkAbout1990-03-07 - AGENDA REPORTS - STREET TREE ORD (2)CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
TO: City Council
George Cara o, City Manager
FROM: Jeff Kol , rector of Parks & Recreation
DATE: February 28, 1990
SUBJECT: Street Tree Ordinance Study Session
The City hired an arborist in November of 1989 in order to administer an overall
Urban Forest Program, which includes a Master Street List, Landscape
Specifications, a proposed Tree Farm, Urban Forest Grants, summer youth tree
planting, updating the Street Tree Inventory and developing a long range Street
Tree Management Plan. In an effort to establish rules and regulations relating
to the planting, care, removal and maintenance of street trees in public rights
of way and easements, and relating to certain activities on private property the
Parks and Recreation Department has prepared a draft Street Tree Ordinance.
The draft street tree ordinance has been reviewed by the City Attorney, the Oak
Tree Consultant, the Public Works Department, the Community Development
Department, Newhall Land and Farm, Southern California Edison, the Parks and
Recreation Commission and John Barba (a local tree activist). Comments from the
Commission centered around concerns that the ordinance infringed on private
property rights in certain instances, i.e., "Authority of Property Owner to
Maintain Street and Private Trees." This ordinance has been revised to
alleviate these concerns.
The City attorney made lengthy comments regarding the need for "due process" in
the form of an appeals procedure. He also recommended extensive changes in the
"penalties and prohibitions" section that would permit judicial discretion to
exact heavy fines or jail time for repeat offenders. The City Attorney also
recommended more detailed and legally defensible definitions of "protected
trees", i.e, Historic, Specimen, and Heritage trees. All of the above
recommendations and concerns have been addressed in the current draft.
The Parks and Recreation Commission reviewed this draft ordinance on four
separate occasions and extensive public input has been received and used in the
drafting of this ordinance. After final review and comment by the Commission
February 26th, they recommended that it go to the City Council study session on
March 7th.
It is recommended that the City Council review and comment on this ordinance and
schedule it for adoption at the next available regular City Council meeting.
ATTACHMENT
Street Tree Ordinance
Agenda Item:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, PERTAINING TO
Sections:
PR.O1
PR. 02
PR.03
PR. 04
PR. 05
PR.06
PR. 07
PR. 08
PR. 09
PR. 10
DRAFT'-zt=5>
Purpose of Chapter and Findings
Definitions
Street Trees Property of City
Authority of City
Permits - General
Prohibitions and Penalties
Criteria For Removal of Trees
Duty of Utility to Protect Trees
Duty of Property Owner to Maintain Street and Private Trees
Subdivision Requests / Construction, Alteration or Removal
of Structures Affecting Street Trees
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PR.01 Purpose Of Chapter And Findings
A. Purpose - This Chapter is adopted for the purpose of establishing
rules and regulations relating to the planting, care, maintenance and removal
of trees, shrubs and any other plantings in public areas, rights-of-way and
easements, and relating to certain activities on private property.
PR.02 Definitions
The following definitions shall apply to this Chapter.
1. "City" means the City of Santa Clarita acting by and through its
authorized representatives.
2. "Conforming Tree" means an approved tree that is included on the
City's adopted Master Street Tree List, planted and grown in accordance with
the Street Tree Program.
3. "Director" means the Parks and Recreation Director or the Parks and
Recreation Director's designee.
4. "Even -aged" means those trees of similar species, or of different
species with similar lifespan, all of which were planted at approximately the
same time and are likely to decline simultaneously.
5. "Groundcover" means grass, turf or perennial plants that normally
grow in a prostrate manner so as to conceal, or with the purpose of
concealing, the ground surface that do not exceed eight inches in height, and
will tolerate light pedestrian traffic.
6. "Hedge" means any plant materials, shrub or plant, when planted in a
dense, continuous line or area, as to form a thicket or barrier.
7. "Historic Planting" means any tree, shrub or other plant within the
City on either public or private property which has been found to be of
notable historic interest and so designated by Resolution of the City Council.
8. "Maintain" or "Maintenance" means and includes pruning, spraying,
root pruning, mulching, fertilizing, cultivating, supporting, treating for
disease or injury, promoting public safety, or other similar act which
promotes the life, growth, health or beauty of any planting on public property.
9. "Monocultures" means single species plants, whether or not even -aged,
which can intensify problems of disease susceptibility and/or insect
infestation.
10. "Official Planting" means any tree, shrub or other plant which has
been planted in accordance with the Street Tree Program.
11. "Park Tree" means any trees, shrubs, bushes and all other woody
vegetation in public parks having individual names, and all areas owned by the
City or to which the public has free access as a park.
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12. "Parkway" means that portion of a public street which is not improved
for actual street, curb, gutter or sidewalk use and which is available for
planting and maintaining street trees.
13. "Private Tree" means any tree, shrub or other plant which is not a
street tree, and which is located on private property.
14. "Property Owner" means the legal owner of any real property facing on
any street of the City, and any lessee of such owner.
15. "Protected Tree" means any tree in one or more of the following
categories which are to be protected and preserved as long as possible, and so
designated by resolution of the City Council. Trees are as follows:
(a) "Exceptional Specimen Tree" means a tree considered an
outstanding specimen of its species by reason of age, rarity, location, size,
aesthetic quality, endemic status, or unique character, and so designated by
resolution of the City Council.
(b) "Habitat Tree" means a tree (or any group of trees) which has
special importance as a wildlife habitat, and so designated by resolution of
the City Council.
(c) "Historic Tree" shall mean a living tree in association with some
event or person of historical significance to the community or because of
special recognition due to size, condition or aesthetic qualities, and so
designated by resolution of the City Council.
(d) "Indigenous Tree" means a tree which occurs naturally in the City
of Santa Clarita, and so designated by resolution of the City Council.
16. "Pruning", "Trimming" or "Thinning" means methods to control the
height and spread of a tree, lessen the wind resistance, preserve its health
and appearance, produce fuller branching and shaping, aid in disease
prevention by allowing more light and air passage within, and make adjustments
which will increase its longevity in an urban environment.
17. "Public Area" means any park, playground, or area around public
buildings, public parking lots, and all other areas under the supervision and
control of the City, not including any public street.
18. "Public Nuisance" means trees or other plantings that cause an
unsafe, hazardous condition over, on or around public areas, parkways or
roadways. Including but not limited to; transferring of uncontrollable tree
diseases, unsafe vehicle sight visibility, utility damage, public improvement
damage, unsafe tree parts, excess limb weight, and vine growth onto public
areas, parkway trees or utilities.
19. "Public Street" means and includes every way set apart for public
travel or use in the City, including any area available for use as a City
street, road, avenue, boulevard, lane, alley, parkway, planting strip, curb,
gutter or sidewalk owned by the City in fee or as an easement or right-of-way
for public use.
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20. "Root Barrier" means any number of devices, materials or methods of
directing or redirecting the root systems of trees away from the surface of
the ground in order to prevent or minimize root damage to adjacent concrete or
asphalt public improvements, or to nearby utilities or structures, and to so
control growth of tree root systems as to assure more deeply rooted and firmly
anchored trees which are better able to withstand strong winds.
21. "Root Pruning" means cutting back tree roots where they may be
damaging curbs, gutters, sidewalks, driveways, and possibly sewer and water
lines or other utilities in an attempt to prevent further damage, undertake
necessary concrete repair work, all in the interest of saving trees versus
removals.
22. "Shrub" means a bushy, wood perennial plant, normally low with
several permanent stems, adaptable to shaping, trimming, and pruning within
the area planted, and usually not over ten to fifteen feet high at maturity.
23. "Specimen Tree" means any tree which has been so designated by
resolution of the City Council as having a high degree of value due to its
type, age, size, conformation or location.
24. "Street Tree" means any tree growing in parkways within the City.
25. "Street Tree Program" - Management practices in relation to
arboriculture industry standards of tree maintenance, including pruning,
fertilization, pest and disease control, planting, watering, removing and
recycling of trees.
26. "Temporary Tree" or "Interim Tree" means a short term, usually
fast-growing and inexpensive species which would occupy certain planting sites
until it is time to plant the next generation of the chosen species, enabling
scheduled tree replacement to be so staged as to allow several generations of
trees to be present at all times to provide the required minimum canopy
coverage.
27. "Topping", "Heading", "Stubbing" and "Pollarding" means relatively
severe types of pruning which usually produce less desirable results than more
moderate pruning with respect to a tree's natural form, and which should be
used sparingly and only when considered necessary to eliminate hazards to
human life or private property.
28. "Tree" means any woody plant, including a palm, which has the
potential of attaining a minimum height of fifteen feet and has a canopy of
foliage borne normally by a single trunk.
29. "Tree Well" means a planting area found in an otherwise paved public
street and is included in the definition of parkway.
30. "Urban Forestry" means the ecology of native and non -indigenous
plantings creating a forest in the human living environment, and emphasizing
the practice of wise professional planned management of all tree resources
within an urban area including trees in public streets, public areas, and on
private property to provide for multiple use benefits for the general
well-being of the entire community.
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PR.03 Street Trees Property Of City
All trees and shrubs planted or existing in the City of Santa Clarita's
street, park, public right-of-way or easement or other public place within the
City limits and so considered and/or dedicated as City property, will be
considered the property of the City.
PR.04 Authority Of City / Director
A. Authority Over Street Trees - The City of Santa Clarita empowering
the Director shall have control of all street trees, shrubs and other
plantings now or hereafter in any street, park, public right-of-way or
easement, or other public place within the City limits, and shall have the
power to plant, care for, maintain, remove, and replace such trees, shrubs and
other plantings.
B. Responsibility Of Director - The Director has the responsibility for
the inspection, maintenance, removal, planting and replacement of all trees
within the City's streets, parks, public right-of-way, easement, or other
public place within the City limits. The Director shall plan, administer,
control and regulate the tree program of the City.
1. Protected Trees - This Chapter is intended to give, and gives,
full and complete authority to the Director over all protected trees existing
or hereafter to be planted and grown upon any and all public streets and
public areas in the City, including designated protected trees on private
property. Protected trees are so designated by resolution of the City Council.
C. Authority Over Trees Beyond Parkway - The City of Santa Clarita shall
have the power or influence over the proposed planting of trees at any
development site within the City limits just beyond the parkway area. The
area beyond parkway is limited to 51. This area will be considered "Parkway
setback influence". This section will eliminate competition of street tree
landscape plans versus private development site tree landscape plans. This
section reduces the growth competition between street trees versus private
trees. Private development site tree landscape plans must work around City
street tree landscape plans. This section does not set conditions on the type
of tree planting, merely the distance of planting between City tree and
private tree. Exceptions to this chapter (upon Director approval) may be made
where alternate landscape plans have been approved in substitute of required
street trees.
PR.05 Permits, General
1. Permits - Street Trees
a. Permit Required For Planting, Removing, Or Maintenance - Whenever
a property owner desires to plant, prune, trim, root prune or remove trees
planted in a parkway or public area, an application shall be filed with the
Director for a permit to take such actions. If the Director finds that such
action is to the advantage of a tree, or removal is
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imperative due to safety considerations, and upon the approval of the city
arborist, a permit may be issued, but only for such work that will not create,
continue or aggravate any hazardous condition or public nuisance, will not
prevent or interfere with the growth, location or planting of approved street
trees, and is consistent with the street tree program. The Director may waive
the permit requirement for minor trimming or pruning activities, such as the
removal of palm fronds.
NOTE: An encroachment permit must be obtained from the City Public Works
Department prior to tree work in parkways. City contractors are exempted from
encroachment permit.
2. Permit Revocation and Other Requirements
a. Permit Denied - If a permit is denied, a written denial shall be
given the applicant stating the reasons. Such decisions may be appealed to
the Parks and Recreation Commission within 20 days of written denial.
b. Permit Revocation - Work undertaken by the permittee or his agent
may be stopped immediately and the permittee's permit may be revoked by verbal
presentation or written order of revocation by the Director when, in his
opinion, the program of work or conditions outlined in the permit are not
being complied with. Such revocations may be appealed to the Parks and
Recreation Commission within 20 days of revocation.
c. One Permit Planting - If a person obtains a building permit or
other permit from the City and street work is required or authorized under
that permit, the person need not obtain a separate street tree permit. Under
the general supervision of the Director, the appropriate department shall
supervise street work performed under a permit issued by that department.
However, it will be required of developers or contractors to notify the City
Parks and Recreation Department of the types, quantities and sites of trees
planted. This information will be used for the purpose of updating the City's
tree inventory. This chapter applies to "tree planting" only; all other work
is subject to the permit issuance provision of this section.
d. Bond - If, in the judgment of the Director, the nature, extent
and/or benefit to the public health or safety of any proposed work is
considered significant, as a condition of the issuance of any permit the
posting of a bond may be required guaranteeing the completion of such work to
the satisfaction of the Director. The bond amount will be 100% of actual job
value.
e. Insurance Requirements - Any person, firm or corporation engaged
in the business of maintaining or removing City trees shall carry public
liability and property damage insurance in an amount to be determined by the
City Council and policies or certificates thereof shall be filed with the City
Clerk.
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3. Permits - Private Trees - If a protected tree is to be removed on
private property, it will be necessary to contact the Parks and Recreation
Department for permit issuance. Recommendations may be further made to
rectify the situation without resorting to tree removal or damage. If a
requested tree work permit is denied, such action may be appealed to the Parks
and Recreation Commission within 20 days of notification.
4. Permits - Utilities - Any person doing business as a public utility
subject to the jurisdiction of the Public Utilities Commission of the State of
California and any constituted public agency authorized to provide and
providing utility service shall be given a permit valid for one year from the
date of issuance, permitting such person to trim, prune, brace or perform
other acts, except removal, with respect to trees growing on parkways or on
public areas of the City as may be necessary to comply with the safety
regulations of said Commission and as may be necessary to maintain the safe
operation of its business. Before any tree is removed, under the above
provisions, a permit must be obtained from the Director. Emergency service
permit exempted (see PR.08 Duty of Utility to Protected Trees - subsection
"emergency".)
5. Permits - Subdivision - (See PR.10 Subdivision Requests)
6. Appeals from Discretionary Decisions by the Director - Any person
excepting to the denial, suspension, revocation or award of a permit applied
for or held pursuant to any administrative decision made by the Director, if
the denial, suspension, revocation or award of the permit or determination of
such administrative decision involves the exercise of administrative
discretion or personal judgment exercised pursuant to the provisions of this
ordinance, may appeal in writing to the Parks and Recreation Commission by
filing with the City Clerk a written notice of such appeal. No appeal may be
taken to any such administrative decision made by any official acting on
behalf of the director unless such decision to appeal has been first taken up
with the Director, and such official has not adjusted the matter to the
appellant's satisfaction. No right of appeal to the Parks and Recreation
Commission from any administrative decision made by the Director pursuant to
any provisions of this ordinance shall exist when such decision is ministerial
and thus does not involve the exercise of administrative discretion or a
personal judgment exercised pursuant to any of the provisions of this
ordinance, whether the administrative decision involves the denial,
suspension, revocation or award of a permit or any other administrative
decision. Such appeals shall be ratified by the City Council as necessary.
PR.06 Prohibitions And Penalties
A. First And Second Offenses/Violations - Any violation of any provision
of this ordinance shall be an infraction, unless stated otherwise. Any person
convicted of an infraction under the provisions of this ordinance shall be
punishable for a first conviction by a fine of not more than $250 and for a
second conviction within a period of one year by a fine of $500.
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B. Third Or More Offenses/Violations - Any person convicted of an
infraction under the provisions of this ordinance for a third time within a
period of one year shall be guilty of a misdemeanor and shall be punishable by
a fine of not more than $1,000 or by imprisonment in the county jail for a
period not exceeding six months, or by both such fine and imprisonment.
NOTE: Violations are imposed on a per tree basis. In addition to violation
charges whereas a tree is damaged beyond repair, offender(s) will be charged
for all replacement costs in an amount equal to cost of replacing the tree
with a tree of a similar size, including labor and administrative costs. Such
costs shall be determined by the Director.
1. Interference With Work Or Enforcement
(a) No person shall interfere with or cause any person to
interfere with any work being done under the provisions of this Chapter by the
Director or any employee of the City, or by any person or firm doing work on a
contract basis for the City or under a permit granted by the City, nor
interfere with or cause any person to interfere with or delay the authorized
representatives of the City from the execution and enforcement of this
Chapter, except as provided by law.
(b) No person shall interfere with, or cause anyone to interfere
with or damage adjacent structures, facilitiesor utilities while removing,
owner
trimming, or cutting any street trees. The of such facilities shall be
notified when such work may interfere with or cause damage to the facilities.
The cost of repair of the damage to adjacent structures, facilities, or
utilities shall be the responsibility of the person, firm or corporation doing
or causing the work to be done and shall restore damaged areas to previous
conditions.
2. Non -permitted Plantings - No person shall plant or install in a
parkway or public area unless otherwise permitted by the Director a
nonconforming tree, trees that the canopy or root system competes with parkway
trees, or trees that cause a public nuisance.
3. Unlawful Damage - Unlawful damage includes injuring, defacing,
breaking, abusing, killing or destroying by any means any street tree
including, but not limited to, the following:
(a) Constructing a sidewalk or driveway or otherwise filling up
the ground in the vicinity of any street tree so as to shut off air or water
from its roots.
(b) Constructing or maintaining of a stone, cement or other
substance so that it impedes the free access of water or air to a street tree.
NOTE: At least twelve square feet of open ground shall be maintained around a
street tree unless the Director specifically permits otherwise.
(c) Planting, placing or constructing of shrubs, trees, flowers,
vines, fences, rocks, gravel, signs, stakes or other substance or objects,
except watering basins for young trees and temporary protection for newly
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planted lawns, or cause or create conditions of uneven ground, holes or other
hazards, in a parkway that will cause damage or interference with the normal
growth and maintenance of street trees.
(d) Piling building materials, equipment, or other substance
around any street tree, 12 square feet clearance must be maintained.
(e) Pouring or applying any gaseous, liquid or solid deleterious
matter or substance on any street tree or on the ground near any street tree.
(f) Posting of signs, posters, notices, leaflets, handbills, or
other printed material or object on, or fastening guy wire, cable, rope,
nails, screws or other device to street tree, tree stake or guard.
(g) Causing or encouraging any fire or burning near or around
any street tree.
(h) Using of mechanical weeding device against a street tree,
damaging the bark and cambium tissues.
(i) Constructing retaining walls, fences, or other similar
improvements which prohibit the planting or maintenance of street trees or
otherwise affect their growth.
street tree.
street trees.
(j) Operating equipment in such a manner causing contact with a
(k) Disrupting the anchorage of, or changing the grade around,
(1) Cutting into the trunk area of a tree.
(m) Tree Topping - Heading, stubbing and pollarding as defined
under definitions of this ordinance is prohibited. Upon Director approval
topping may be considered where necessary to eliminate public nuisances,
hazards to human life or private property.
(n) Root Damage - Persons excavating, trenching, or otherwise
engaged in subsurface activity within any public area, parkway or roadway
shall not remove or detach the root system of trees that would amount to 1/4
of said trees root system and/or remove or detach major anchorage roots that
may leave trees unsafe. Other alternatives may be deemed necessary by the
Director in the attempts to maintain the health and safety of considered trees.
4. Non -Permitted Parkway Lines or Objects - Certain domestic
non -permitted lines or objects in City parkways, such as sprinkler irrigation
lines, water drain pipes or landscape dressings, such as loose bricks, ground
cover, plantings or any decorative item must be removed 72 hours prior to
subsurface tree activity performed or contracted by the City. A minimum of
two weeks notice will be given to adjacent property owners prior to such
activity. The City of Santa Clarita or its contractors will not be held
responsible for any damage to the underground facilities listed under this
subheading.
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M
C. Damage To Street Trees - Penalties - It shall be unlawful for
person(s) to cause damage to street tree(s) by act or omission, whenever such
act or omission is prohibited by or not authorized by this Chapter.
Accidental, willful injury, disfigurement or destruction of any street tree(s)
shall be a violation of this Chapter (refer to PR.06 Violations A and B.) In
addition to violation charges, offender will be charged for all replacement or
repair costs in an amount equal to cost of replacing the tree with a tree of a
similar size, including labor and administrative costs. Such costs shall be
determined by the Director.
PR.07 Criteria For Removal Of Trees
A. Criteria for Removal - Subject to the provisions of this Chapter, the
Director shall be responsible for inspection, maintenance, removal and
replacement of street trees, and may cause street trees to be removed by the
City if they are deemed by the Director to be unhealthy, hazardous,
undesirable, or causing excessive damage to existing public improvements or
other street trees. Acceptable reasons for any removal of a tree shall
include a tree that is one of the following:
1. Dead - where all active tissues are no longer alive.
2. Dying, decayed or hazardous, or so weakened by age, disease,
storm, fire, excavation, removal of adjacent trees, or any injury so as to
cause imminent danger to persons or property.
3. Diseased beyond reclamation, or the condition of which is a
source of present danger to healthy trees in the immediate vicinity.
4. In dangerous proximity to existing structures, facilities or
utilities and where it is not feasible to relocate structure, facilities or
utilities.
5. Constituting a hazard to property or persons using the adjoining
streets.
6. Because of its root system, causing excessive damage to curbs,
gutters, sidewalks or driveways.
7. Obstructing proposed improvements so as to restrict economic
enjoyment of the adjacent property, including the construction or safe use of
a driveway or parking space for which a permit has been issued unless such
tree has been designated a protected tree.
8. Crowded by other trees, and good horticultural practices dictate
removal of some trees.
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9. Otherwise healthy, but the removal of which is considered
desirable because it is a proven nuisance species and/or in order to achieve a
properly staged tree replacement schedule which enables several generations of
trees to exist simultaneously.
B. Removal Of Private Trees Or Other Plants By City - If it is
determined by the Director that unsafe trees or plant material exists on
private property and that unsafe trees or plant material encroaches onto
public area or right-of-way and public safety is at risk, it will then be
required of the owner to remove unsafe trees or plant material at the owner's
expense. Removal(s) will be required within a time period set forth by the
Director. If property owner fails to remove the unsafe material within the
time period given, the Director will remove said material and all charges for
removals, including administrative costs, will be charged to the owner. Owner
may appeal such decisions within 20 days after notification. Appeals shall be
directed to the Parks and Recreation Commission.
D. Removal Of Stumps - When trees are removed, all stumps including
underground portions shall be removed to a depth specified by the Director.
PR.08 Duty Of Utility To Protect Trees
A. Duty To Prevent Damage - It shall be the duty of any person owning or
operating any utilities within any public street (including but not limited to
water, sewer, electrical, gas, telephone and cable television services) to
maintain such utilities in a manner to prevent damage to street trees.
1. Utility Company Pruning of Trees - When doing routine pruning of
street trees to maintain clearance from utility lines, the utility company
shall first inform the Director which trees are to be pruned and the type and
extent of pruning to be performed. The City retains the right to request the
opinion of a certified arborist of their choice and at the cost of the utility
company, prior to the utility company proceeding with their pruning.
2. Emergency - In an emergency when a street tree is interfering
with and interrupting service, a public utility company providing gas, water,
sewer, electricity, telephone, telegraph or cable television service may,
without first obtaining a permit, trim or remove branches of trees to the
extent necessary to restore service.
If the emergency removal of a street tree is necessary and public safety is at
risk, only then will it be acceptable to remove said tree(s) as to provide a
functional utility. All other non -emergency removals are subject to the
permit issuance provisions in PR.05 (4).
A removed tree shall be replaced by the utility with a tree of acceptable
size. Size and type of tree shall be determined by the Director.
3. Prevention Of Utilities Not Intended - This section shall not
prevent persons, firms or public utilities from installing and maintaining
structures, facilities or utilities lawfully on, over or under public streets,
subject to other provisions of this Code as may apply. The Director when
maintaining or removing street trees, shall consider the effect upon existing
overhead wires or underground pipes or conduits in order to avoid any
unnecessary disturbance to or relocation of such facilities, in accordance
with the Street Tree Program.
PR.09 Duty Of Property Owner To Maintain Street and Private Trees
A. Property Owners Responsibility In Parkway - With the exception of
pruning and trimming, property owners are responsible for the proper
maintenance of parkways abutting their property. Such maintenance shall
include watering, keeping the parkways free from weeds or other obstructions
harmful to public safety maintaining such areas in a neat, clean, orderly
manner.
B. Property Owners Responsibility For Private Trees - Notwithstanding
other provisions of this Chapter, it is hereby made the duty of every person
owning or occupying any land or lots of land within the City to keep all
private trees which extend over any public street trimmed up to a height of
not less than fourteen feet, except that a height of not less than eight feet
shall be permitted over a sidewalk area, and also to keep the parkway free of
debris.
PR. 10 Subdivision Requests / Construction, Alteration or Removal of
Structures Affecting Street Trees
A. Protection Of Trees - During the construction, repair, alteration,
removal or moving of any building, good and sufficient guards shall be placed
to prevent injury, damage or defacement to any street tree in the vicinity of
such operation. Parkways which are damaged by construction or other act shall
be returned to their original condition by the person, persons or firm causing
such damage, or shall bear the cost of such action, including legal and
administrative costs.
B. Permit Required If Tree Affected - When the construction, repair,
alteration or removal of a structure necessitates the trimming, pruning or
removal of a street tree, such work may be undertaken only upon the issuance
of a written permit by the Director and at the expense of the applicant.
As a condition for the granting of a permit for the removal of a street tree
under this section, the applicant shall replace the removed tree with a
pre -determined sized tree as determined by the Director (replacement tree not
to exceed the value of removed tree), replacement either on the same site or
in an alternative location as approved by the Director. Before the permit may
be issued, the applicant shall deposit security (cash or bond) with the City
in the amount to cover the cost of replacing the tree. The City may use the
security to defray its cost of replacing the tree if the applicant fails to do
so within a reasonable specified period of time. Such decisions may be
appealed to the Parks and Recreation Commission within 20 days of notification.
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1. Inclusion In Plans - Planting of street trees is to be included
in building plans and street improvements and all costs are borne by initiator
of such plans.
(a) Conformity With Street Tree Program - No subdivision shall
be approved unless it is found to include planting of official, approved
street trees within the adjacent parkways in conformity with the Street Tree
Program under the Director's supervision and that planting is irrigated for an
adequate amount of time to insure tree survival. Exemptions may be made if
other more suitable landscape plans are approved by the Director or Department
of Community Development.
(b) Development Planting Requirements - At the time of the
Development Review Committee meeting it is required that the planting of
street trees be included in all building plans that appear before the
Department of Community Development, and all related costs shall be borne by
the owner. The species shall be as specified on the Master Street Tree List,
and the Director may also designate the number, spacing, and method of
planting of such trees and require the installation of root control barriers.
Adequate irrigation for parkway trees must be provided by the
owner/subdivider. Exemptions may be made if other more suitable landscape
plans are approved by the Director of Community Development.
(c) Street Improvement - Any change in public street improvement
requiring removal of street trees shall require provision for replacement upon
the recommendation of the Director. Such replacement shall be the variety
specified on the adopted Master Street Tree List and planted as required by
the Director. Cost shall be borne by the initiator of the action.
(d) Street Improvements; Integration Of Plans - Proposed change
in the direction or width of a public street or proposed street improvement
shall, where feasible, incorporate plans for installation of a parkway or a
tree planting area. Plans and specifications for planting such areas shall be
integrated into the general plan of improvements and it shall be the duty of
the City Engineer to coordinate the design of such improvements with the
Director prior to the completion of final overall plans.
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