It is in the best interests of the Town and its residents that a comprehensive plan and program for the planting, maintenance and removal of trees which may overhang the public street should be established. This chapter is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care, maintenance, removal and replacement of such trees.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
For the purposes of this chapter, the following definitions apply:
"Maintain or maintenance"
is trimming, pruning, watering, pest management, injecting, fertilizing, cabling, treating for injury, removal of leaves and other debris, and other similar acts which promote the life, growth, health or beauty of trees and other plants, unless specifically so stated.
"Owner"
is the fee owner of real property and the person or persons in possession of the real property.
"Public street" or "street"
shall include every road, street, avenue, boulevard, alley, parkway and public right-of-way in the Town.
"Sidewalk area"
is that portion of a public street between the adjacent property line and the edge of street pavement, including parking strips, parkways, sidewalks, curbs and gutters.
"Town tree"
is any tree growing on any Town-owned property and may include those trees on privately owned rights-of-way or located on an easement dedicated to the Town where the Town has affirmatively accepted responsibility to maintain such tree(s).
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
A. 
The Council or its representative may determine the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the Town. The authority making this determination may consult with those familiar with the subject of such plantings, such as landscape architects and certified arborists. The findings and determination shall be reported to the Council. When the Council approves the report which contains those types and species of trees approved for planting within the Town, it shall be known as the "master tree list" and it shall be filed in the office of the Town Clerk. The Town may revise or change the master tree list from time to time in the manner described for the development, approval and filing of the original master tree list and as set forth in Section 12.16.110.
B. 
Each tree planted in, or which may overhang, a public street must be on the master tree list, unless a written permit is obtained from the Town to plant a tree not on the list.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
The Town has the jurisdiction and control over the planting, setting out, location and placement of all trees adjacent to public streets or sidewalk areas, and shall supervise, direct and control the care, trimming, removal, relocation and replacement of these trees. Nothing in this section shall relieve or limit an owner's duties as set forth in this chapter, nor does anything in this section nullify the potential liability of owners for failing to comply with the requirements of this chapter. The Town, by reserving jurisdiction and control of trees as set forth in this chapter assumes no additional duty, responsibility or liability over trees located on private land, or on public or private road, street, avenue, boulevard, alley, easement, parkway and right-of-way in the Town.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
The Council finds that some types of trees, upon maturing, instead of becoming assets to the community, become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, it is unlawful to plant the following trees in or where they may overhang any public street, unless an exception has been approved by the Director of Public Works:
Common Names
Palm
Black Walnut
Poplar
Eucalyptus
Tree of Heaven
Elm (American, other large species)
Conifers
Liquid Amber
Acacia
 
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
A. 
No person shall plant, move, spray, trim, remove, prune, replace, cut, or otherwise disturb any tree in any public place without first obtaining a permit from the Planning Officer or Town Council, as appropriate.
B. 
Whenever persons are required to replace a tree in any public place, a one-year guarantee of the trees' health with a warranty bond shall be provided for such replacement trees.
C. 
The Planning Officer shall determine whether trees in public places are hazardous and whether to remove hazardous trees from public places. The Planning Officer shall not cause any tree to be removed, trimmed, or altered for litter or for the purpose of a view protection or restoration.
D. 
Whenever it is necessary to remove a tree from a public place in connection with the paving of a sidewalk/curb or the placement or widening of a street, the Town or responsible agency or person shall replant or replace such tree. If conditions prevent replanting in the public place, planting on the adjoining property or an alternate site approved by the Planning Officer may satisfy this requirement.
E. 
Requests from private citizens that new street or avenue trees be planted near their property shall be accommodated in accordance with planting priorities established by the Planning Officer.
F. 
It is the responsibility of the utility companies to prune trees that interfere with utility wires in accordance with State orders for clearance of trees from electrical utilities. Utility companies performing pruning work done under State orders are exempt from obtaining a permit from the Planning Officer; provided, however, any such utility company shall file with the Planning Officer a written notice of when such pruning will occur at least two weeks prior to undertaking the work, unless emergency conditions exist.
(Ord. 98, 1976; Ord. 307-00; Ord. 428-14; Ord. 16-454)
A. 
The Town shall give each person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State and each public agency providing utility services, an annual permit permitting that person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the Town or which grow upon private property to the extent that they encroach upon the utilities. Such work is limited to that which may be necessary to comply with the safety regulations of the Public Utilities Commission and as may be necessary to maintain the safe operation of its business. Removal of heritage trees requires approval by the Town Council.
B. 
At the time the permit is issued pursuant to subsection A, an annual plan shall be filed with the Planning Officer identifying a list of trees which may be subject to the permit within the year. The plan shall include the location and approximate date(s) of work to be performed under the permit. At least two weeks prior to undertaking the work, the utility shall file with the Planning Officer a notice of when such work will occur in accordance with the annual plan.
(Ord. 98, 1976; Ord. 307-00; Ord. 428-14; Ord. 16-454)
No person other than the Town or a public utility, which has obtained the annual permit as set forth in Section 12.16.070, may do any act for which a permit is required under Section 12.16.060 except a person whose principal business is tree care, pruning, or maintenance, who is an ISA certified arborist, or who, in the opinion of the Town is qualified for such business, and who has obtained a permit to carry on that business in the Town.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
No person shall break, injure, deface, mutilate, kill or destroy a Town tree or permit a fire to burn where the fire or the heat will injure a Town tree. No person may place, apply or attach to a Town tree or to the guard or stake intended for the protection of a Town tree any wire, rope (other than one used to support a young or broken tree), sign, paint or other substance or thing of any kind without a written permit from the Town.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
A person aggrieved by any act or determination under the authority of this chapter may appeal the decision to the Council pursuant to Chapter 1.30 of this code.
(Ord. 98 1976; Ord. 307-00; Ord. 428-14)
The following list is the approved master tree list of the types and species of trees suitable and desirable for planting within or adjacent to public rights-of-way. Trees 1 through 10 are recommended for narrow spaces (less than seven feet), and trees 11 through 30 are recommended for wider spaces (greater than seven feet).
BOTANICAL NAME
COMMON NAME
1. Fagus sylvatica
European Beech
2. Malus floribunda "Robinson"
Crab Apple
3. Lagerstroemia indica
Crape Myrtle
4. Cercis canadensis
Eastern Redbud
5. Crataegus phaenopyrum
Washington Hawthorn
6. Carpinus betulus
European Hornbeam
7. Tilia cordata
Little Leaf Linden
8. Magnolia grandiflora "St. Mary's"
Magnolia
9. Olea europaea "Swan Hill"
Olive
10. Osmanthus frangrans
Sweet Olive
11. Fagus sylvatica "Purpurea pendula"
European Beech
12. Betula jacquemontii
Birch
13. Cinnamomum camphora
Camphor
14. Koelreuteria bipinnata
Chinese Flame Tree
15. Ulmus parvifolia
Chinese Elm
16. Podocarpus gracilior
Fern Pine
17. Pistacia chinensis
Chinese Pistache
18. Ginkgo biloba
Ginkgo
19. Koelreuteria paniculata
Golden Rain Tree
20. Celtis sinensis
Chinese Hackberry
21. Celtis occidentalis
Common Hackberry
22. Celtis australis
European Hackberry
23. Aesculus carnea
Red Horsechestnut
24. Sophora japonica "Regent"
Japanese Pagoda
25. Acer rubrum "October Glory" & "Bowhall"
Red Maple
26. Quercus suber
Cork Oak
27. Quercus ilex
Holly Oak
28. Quercus rubra
Red Oak
29. Quercus coccinea
Scarlet Oak
30. Pyrus calleryana
Flowering Pear
(Ord. 428-14)