The ordinance codified in this chapter shall be known as the "Tree Ordinance" of the city.
(Ord. 2012-03 §1)
Note: Prior ordinance history: Ords. 79-16 and 86-3.
The council finds that:
A.
Street trees are of economic, environmental, and aesthetic importance to the city; and
B.
The city requires the planting of street trees as a part of subdivision developments and along major streets to enhance the character of the city; and
C.
Street trees directly benefit the city residents by:
1.
Reducing erosion of the topsoil by breaking the summer winds,
2.
Reducing air pollution by producing oxygen from carbon dioxide,
3.
Increasing property values,
4.
Maintaining the ecological balance of the area,
5.
Providing shade and buffering from noise and glare,
6.
Providing energy conservation by the reduction of summer temperatures; and
D.
The health, safety, and general welfare of the citizens will best be served by regulating the removal, severe pruning, topping, and planting of street trees and encouraging the reforestation of areas in which street trees have been removed.
(Ord. 2012-03 §1)
For the purposes of this chapter, the following terms shall be defined as follows:
means the city manager of the city or authorized representative.
means any tree, other than a street tree, planted or maintained by the city within a city easement, right-of-way, park, greenbelt, public place or property owned by the city.
are the city-adopted standards for care of trees, including, but not limited to, tree planting, young tree care, pruning, mulching, fertilization, irrigation, pest management and removal and replacement. They are included in the Waterford Urban Forest Plan and the city of Waterford Improvement Standards.
means the public works department.
means the public works director or designated representative.
means and includes low plants, including grass, commonly maintained at less than two feet in height when fully grown.
when used herein in reference to plants, trees, shrubs or other growth means clipping, pruning, fertilizing, spraying, treating for disease or injury, and any other similar acts which promote the health, growth or beauty of such plants, trees, shrubs or other growth.
means and includes the legal owner of real property fronting on any street of the city, and any lessee of such owner.
means the area between a sidewalk and curb.
means any individual, firm, partnership, association or corporation acting as principal agent officer, servant or employee, for him or herself, or for any other person, firm or corporation and shall include a public utility company or similar entity.
means the planning commission of the city.
means that portion of land made available as a public easement for the purpose of planting and maintaining street trees.
means the owner of the real property, or the owner of the property adjacent to the right-of-way, on which the street tree is located or authorized agent or representative.
means the usual pruning, cutting, or thinning or otherwise the removal of branches, stems, and other parts of a tree.
means and includes all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the city.
means and includes any low plant, commonly maintained at less than eight feet and more than two feet in height when fully grown.
means the street right-of-way belonging to the public, including islands, dividers and parkways.
means any tree planted and/or maintained by the city as specified in the street tree plan, adjacent to a street or within a city easement or right-of-way on private property, within the street tree easement.
means that area between public street right-of-way lines plus twenty feet each side thereof.
refers to the ten-foot zone behind the sidewalk or between curb and sidewalk (or if no sidewalk exists, behind the street curb, gutter, edge of street or property line at street) within which a street tree or private tree may exist or be planted.
means an official adopted plan such as the Waterford Urban Forest and Resource Guide that establishes standards for the planting of certain varieties of trees in public rights-of-way, planting easements or street tree area.
means and includes any woody perennial commonly maintained at more than eight feet in height when fully grown.
(Ord. 2012-03 §1)
These rules and regulations shall apply:
A.
To all work required under any city ordinance, including the subdivision ordinance, or required as a condition of other work performed in the street right-of-way and public places of the city; and
B.
To individuals and groups planting trees and shrubs voluntarily. These rules and regulations shall also serve as a guide for work done by or under contract for the city.
(Ord. 2012-03 §1)
The director, under the general direction of the city manager, shall have the authority and responsibility to carry out the provisions of this chapter.
(Ord. 2012-03 §1)
The director shall have the authority to enter in or upon any part of the parkway or planting easement or adjacent property as is reasonably necessary for the purpose of planting, maintaining, pruning, spraying, or removing a street tree.
(Ord. 2012-03 §1)
The director shall have the authority to order a property owner to take such action as is necessary to control insects, scales, parasites, fungus, or other injurious pests or plant materials which could cause serious injuries to the city street trees or other plant materials within the city. The director shall notify the property owner in writing of the condition which exists and the controls necessary to correct the conditions and establish a reasonable time in which the corrective action shall be taken.
(Ord. 2012-03 §1)
The director shall be responsible for inspecting, supervising, or ordering the maintenance, removal, and replacement of street trees planted within parkways or planting easements by the property owner or by the city. The director may cause or permit street trees or other plant materials planted in the parkways or planting easements to be removed by the city or the property owner if the trees are deemed by the director to be unhealthy, hazardous, undesirable, or causing, or will cause, excessive damages to the existing public improvements or street trees.
(Ord. 2012-03 §1)
The director shall have the authority to consult and seek the advice and recommendations of nursery-men, arborists, and other persons qualified in horticulture.
(Ord. 2012-03 §1)
All work, and the costs thereof, required in the removal, pruning, or maintenance of a street tree shall be provided by the property owner or agent, including the removal of the stump to a depth as specified by the director.
(Ord. 2012-03 §1)
If the property owner refuses to perform the work after notice from the director, the director may order the work done by the city, and the costs shall be assessed to the property owner and tenant consistent with the city's policy resolution establishing procedures for collection of obligations owed to the city, as amended from time to time by the city council.
(Ord. 2012-03 §1)
Street trees shall be pruned to enhance the natural growth, characteristics, and traits of the trees. Street trees shall not be pruned to create a form unnatural to the street tree.
(Ord. 2012-03 §1)
It shall be the responsibility of every property owner and every person occupying land to protect street trees planted in the parkways or planting easements on or adjacent to his or her property from physical damages and other plant materials which can be detrimental to the street tree's growth or health.
(Ord. 2012-03 §1)
A.
It is the responsibility of each owner to control insects, scales, parasites, fungus and other injurious pests or plant material that would cause serious injury to street trees and other plant material within the city.
B.
Each owner is responsible for proper watering of street trees.
C.
Except as provided elsewhere in this chapter, it is unlawful to cut foliage overhanging city streets or roots in city streets without a permit.
D.
Obstruction of visibility on corner lots in the area between thirty inches above the ground and eight feet above the ground may restrict the public's visual enjoyment of the street and be hazardous to vehicular and pedestrian traffic. Therefore, no shrubs shall be planted in a parkway or within ten feet of the curbline on corner lots without a permit being approved by the director after finding that such shrubbery will enhance the appearance of the street, not be detrimental to traffic safety, and not impede pedestrian use. Any shrub or tree within the street right-of-way of any lot, whether a corner or interior lot, determined by the director to be a hazard to vehicular or pedestrian traffic, may be required to be removed or pruned by the property owner to eliminate such hazard.
E.
City forces will, within available resources, periodically trim all trees in the street rights-of-way in accordance with their growth characteristics. Generally, trees will be trimmed to provide clearance for the travel way of vehicles.
F.
No person shall injure, break, deface, mutilate, kill or destroy any tree in the street tree area by any means, including but not limited to the following:
1.
Constructing a sidewalk or otherwise filling up the ground area around any tree so as to shut off light, air or water from the roots without special construction;
2.
Altering the existing ground surface within four feet (measured horizontally) of the base of any tree by cut, fill or compacting. Tree wells may be used where advisable. Excavation adjacent to any tree shall not be permitted where damage to the root system will result;
3.
No oil, gas, chemicals, heavy construction machinery, or other construction materials shall be stored within ten feet of any tree;
4.
No piling of building material, equipment or other substance around any tree;
5.
Attach or place any rope, wire (other than those needed for support of a young or broken tree), sign (other than small tree identification signs), poster or handbill, wires charged with electricity (except Christmas lights during the Christmas season), or any other thing on any tree growing in any street right-of-way;
6.
Set fire to or permit any fire to burn where such fire or heat thereof will injure any portion of any tree in any street tree area in the city;
7.
Allow mistletoe to grow on any tree in the street tree area.
G.
Any such tree allowed or maintained contrary to the provisions of this section is declared to be a public nuisance. Upon a determination by the director that such private tree constitutes a nuisance, he or she shall give a written notice to the owner of the property upon which said nuisance exists to trim, remove, or otherwise control such tree in such a manner as will abate such nuisance. Failure to comply with such writ-ten notice within ten days thereafter shall be deemed a violation of this section. Such written notice may be given by a personal service of a copy thereof, or by placing a copy of said notice in the United States mail, postage prepaid, addressed to the owner of the property as shown by the last assessment roll of the city. Up-on failure to comply, the director may cause the work to be done, the cost thereof to be charged to the property owner.
(Ord. 2012-03 §1)
A.
No person shall remove any tree upon or in any public street, planting easement, or street tree area in the city without prior permission and approval therefor from the director. The director is authorized to grant such permission at his or her discretion and where necessary. Excepting those issued to public utility companies and subdividers, as provided in Sections 12.20.260 and 12.20.300, no such permission granted shall be valid for a longer period than thirty days after its issuance.
B.
As a condition to granting a permit under this section, the director shall collect a deposit from the applicant sufficient to defray the cost of replacing said removed tree with an approved tree in conformance with the street tree plan.
C.
In case of emergency when a tree is hazardous or dangerous to life or property it may be removed upon order of the director.
(Ord. 2012-03 §1)
Prior to any demolition, trenching, grading, construction, repair, alteration, removal or moving of any building, house or structure, or other site work, all trees to be preserved in compliance with this chapter shall be protected in accordance with the tree preservation and protection standards, and as follows:
A.
Approved development plans and specifications shall state protection procedures for trees that are to be preserved as outlined in the tree protection specifications and shall be available at the project site. From the conception of plans, developers, architects, landscape architects, engineers and/or planners shall accurately locate and identify all existing trees on proposed project site plans and shall comply with the city policies for tree preservation. Tree care practices, such as the cutting of roots, pruning the top, etc., shall be described in the approved tree modification permit, tree preservation plan or project conditions.
B.
It is the responsibility of the property owner or designated representative to ensure that all trades/subcontractors and utility companies abide by the preservation.
C.
Violation or failure to comply with the requirements of this section or the condition of permit approval may result in a penalty.
(Ord. 2012-03 §1)
Any tree or shrub growing in a street tree area or public place which in the opinion of the director endangers the life, health, safety of the public or the full and safe operation of a public utility shall be declared to be a public nuisance, and the director shall notify the owner, or duly authorized agent, in writing, that such tree or shrub is a nuisance and shall be trimmed or removed. Failure of the property owner or duly authorized agent to remove or trim such tree or shrub, within ten days after receipt of said notice by the director, shall be a violation of this chapter, and the director may then remove or trim said tree or shrub and assess the cost against the property owner.
(Ord. 2012-03 §1)
It is unlawful for any person other than the director or designee to cut, prune, spray, brace, plant, move, remove, replace or damage any street tree or city tree or to cause the same to be done, except as authorized pursuant to this chapter. Acts prohibited by this chapter include, but are not limited to, the following:
A.
Pruning a street tree or a city tree even if done to make room for a private tree or to clear branches overhanging private property;
B.
Knowingly causing or permitting any wire charge with electricity to come into contact with any street tree or city tree;
C.
Placing, applying, attaching or keeping attached any wire, rope, sign, nail, paint or other substance or structure to any street tree or city tree or to any guard or stake intended to protect such tree;
D.
Placing or maintaining any stone, pavement or other substance so that it substantially impedes the free access of water or air to the roots of any street tree;
E.
Cutting so many or so large a root(s) as to cause the street tree or city tree's health to decline or cause a safety hazard;
G.
Placing fencing around a street tree;
H.
Grading around the trunk or within the tree protection zone of a street tree or city tree;
I.
Altering the landscaping or grade of the property including trenching, in a manner that could damage, or potentially and adversely affect the well-being of a street tree or city tree;
(Ord. 2012-03 §1)
It is unlawful for any person to remove, prune, or severely prune or alter any street tree within the city, without a permit from the city.
(Ord. 2012-03 §1)
A.
Any person desiring to plant, cut down, destroy, remove or move any tree within the street tree plan area in the city shall make application to the director for a permit. Said application shall contain the number, species, size and location of the trees to be planted, cut down, destroyed, removed or moved and a brief statement of the reason as well as any other pertinent information he or she may require. The permit, when granted, shall entitle the applicant to proceed with the work.
B.
Any person desiring to remove, prune, severely prune, or otherwise alter a street tree shall file an application for a permit with the director. Such application shall be provided by the director and may contain such information deemed necessary by the director to insure compliance with the spirit and intent of this chapter. Applications for permits shall be signed by the property owner.
C.
Upon receiving any such application for permit, the director may inspect the premises involved, and the surrounding area, and shall ascertain the effecting tree's removal on the street tree plan.
D.
The determination of the director in granting or denying a permit shall be based upon the following standards:
1.
The condition of the trees with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility service; and whether or not the tree acts as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;
2.
The species of the tree;
3.
The number of existing trees in the area and the effect of tree removal upon the public health, safety, prosperity, beauty and general welfare of the area;
4.
Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support;
5.
The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property;
6.
The topography of the land and the effect of the removal of tree on erosion, soil retention and diversion or increased flow of surface waters;
7.
As part of a city-approved program of replacement of nonconforming trees;
8.
The tree is causing extensive damage to public or private property and root pruning and other remedial means have proven unsuccessful.
E.
For new trees the director shall approve the specific location of each tree in the field or on a plan drawn to scale, taking into consideration topography, street configuration, clearance from intersecting streets, alleys, driveways, walks, street lights, traffic signs, utility vaults, and other public facilities, preservation views, and coordination with other existing and proposed public and private plantings and other authorized work.
F.
In granting a permit, the director may attach reasonable conditions to insure compliance with the intent and purpose of this section. When a permit is denied, the director shall state the reasons from said denial based on the above standards.
(Ord. 2012-03 §1)
The director shall stipulate a time by which all work shall be performed, not to exceed sixty days after the date of the issuance of the permit, and may require the posting of cash or other surety in an amount equal to the cost of the work to insure the faithful completion of the work specified and the cleanup of debris within the time stipulated for performance.
(Ord. 2012-03 §1)
A.
Upon the receipt of an application to remove a street tree, the director shall determine whether or not such tree should be removed.
B.
The director may issue a permit to remove or conditionally remove a street tree when one or more of the following conditions apply to the tree:
The tree is:
1.
Dying or dead;
2.
Decayed, rotted, or otherwise hazardous to the public;
3.
Diseased beyond reclamation;
4.
Damaging or causing a nuisance to public improvements, such as curbs, gutters, sidewalks, or other utilities;
5.
Required to be removed due to building moving from the lot or parcel provided it is not practical or reasonable to save the tree; all work and costs will be provided by the owner;
6.
Required to be removed for new construction and the director believes better and more suitable planting will result provided there is no practical or reasonable means to save the tree; all work and costs will be provided by the owner; or
7.
Located so that thinning is desired to improve spacing or conformity.
C.
The director, as a condition of the removal of a tree, whenever possible shall require the planting of a tree from the Street Tree List in a location along the property frontage in keeping with the street tree plan.
(Ord. 2012-03 §1)
A.
Upon the receipt of an application to prune or severely cut a street tree, the director shall determine whether or not the tree should be pruned or otherwise severely cut.
B.
The director may issue a permit to prune or severely cut a street tree when limb reduction or severe cutting is required either to:
(Ord. 2012-03 §1)
Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the director, valid for one year from the date of issuance, permitting such person, to trim, brace, remove or perform such other acts with respect to trees growing in public street rights-of-way or which grow upon private property to the extent that they encroach upon such public streets 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. Such maintenance for utility purpose shall be performed in a manner to prevent damage to other plants or property.
A.
The director may issue a comprehensive permit to any public utility for the pruning or other maintenance tasks of street trees and city trees, in accordance with this section to be valid for a period of one year from the date of issuance. A public utility may request that a street tree or city tree be removed.
B.
Any public utility maintaining any overhead wire or underground pipe, wire, or conduit shall obtain permission from the director before performing any maintenance to wires or pipes or conduits which would cause injuries to street trees. Such public utility shall in no way injure, deface, prune, scar, or top any tree until its plans and procedures have been approved by the director.
C.
The director shall be permitted to inspect all maintenance or operational work performed by public utilities which might affect the street trees. If, in the opinion of the director, the performance of work would cause excessive or unnecessary injuries to any street tree, the director shall have the authority to stop such maintenance and operational work and arrange with such utility another method of maintenance or operational work satisfactory to the city.
D.
This section shall not apply to emergency public utility maintenance work which is performed during nonworking hours for city personnel.
(Ord. 2012-03 §1)
Any person engaging in the business of pruning, trimming or removing of trees in the city shall secure an annual permit to so operate from the director. This permit is in addition to all other business licenses required by Chapter 5.04 of this code. A fee as established by resolution of the city council may be charged for the issuance of said permit. As a condition to obtaining said permit, the person shall furnish satisfactory proof to the director that he or she has public liability insurance covering said pruning, trimming or removing trees, in minimum amounts of fifty thousand dollars for injury to any one individual, one hundred thousand dollars in the aggregate, and property damage insurance in the minimum amount of twenty-five thousand dollars or other amounts as established by the council by resolution. The policy or policies of insurance, or certificates thereof, shall be filed with the director, prior to the issuance of said license, and such person shall keep said insurance in full force and effect during the term of the permit.
(Ord. 2012-03 §1)
A permit shall not be required when an immediate threat to the public health and safety exists due to an accidental occurrence or act of God and, in the opinion of the director, the removal, pruning, or cutting is required.
(Ord. 2012-03 §1)
The engineering department and planning department shall notify the director of any known applications for a new curb, gutter, sidewalk, driveway approach, or other installation which might require the removal of, or cause injury to, any street tree or otherwise be contrary to the intent of this chapter.
(Ord. 2012-03 §1)
A.
The director shall prepare or have prepared a report of a street tree plan. Such plan shall be submitted to the planning commission which shall review such plan and submit its recommendations to the city council. After making any revisions thereto it may deem advisable, the city council shall adopt such plan by resolution. Amendments to the plan shall be made in the same manner as the original adoption. Said plan shall include a master tree list containing the botanical name, common name, spacing and other pertinent data.
B.
No tree shall hereafter be planted in any public street, planting easement or street tree area without a permit from the city. The director shall require that all new plantings of trees shall be in accordance with the provisions of this chapter and the street tree plan.
(Ord. 2012-03 §1)
A.
With the filing of a tentative map of any new subdivision for five or more lots, the subdivider shall file with the planning commission a proposed plan of street tree planting, designating the location and variety of trees proposed to be planted in the subdivision and shall be in conformance with the policy of the street tree plan. The map shall also designate clearly any trees upon the property which are to be removed. The planning commission shall review and approve the plan at the same time of approving the tentative subdivision map. Tentative approval of the map by the planning commission of the city shall constitute a permit to the owner to remove any trees so designated. Any changes in the trees to be planted or removed as designated on the tentative subdivision map, as filed and approved, shall be permitted under the provisions of Section 12.20.210.
B.
Before approval of the final map of a new subdivision in the city, the subdivider shall have planted the street trees in the subdivision according to the plan approved with the tentative map or shall pay to the city the total costs of all trees required in accordance with the street tree plan and the planting thereof as computed and fixed by the director. If payment for planting the street trees is made by the subdivider to the city, the city shall plant the trees at the proper time and in conformance with the plan of the tentative subdivision. Watering and care of the trees thereafter shall be the responsibility of the owners of the property.
(Ord. 2012-03 §1)
Some types of trees upon maturing, instead of becoming assets to the community, become liabilities, short life, destructive root systems, and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, the city council shall by a resolution in accordance with Section 12.20.290 designate prohibited trees. It is unlawful to plant prohibited trees in the city. A prohibited tree is any tree that is not listed in Chapter 15 of the Waterford Urban Forest Plan-Master Tree List.
(Ord. 2012-03 §1)
Any person aggrieved by any action taken by any city official pursuant to the provisions of this chapter or any guideline or procedure issued pursuant to the chapter, may appeal such action. Any person aggrieved by any act or determination of the director in the exercise of the authority herein granted shall have the right of appeal to the city council. Appeals may be made by filing written notice thereof with the city clerk within ten days after the receipt of such direction or order, stating in substance that the appeal is being made from such direction or order to the city council.
The city clerk shall thereupon call such appeal to the attention of the city council at their next regular meeting. Action under any direction or order which has been appealed shall be suspended pending final decision of the city council on the appeal. The city council may set any such appeal for public hearing, giving such notice to the public or to the persons concerned as the council deems advisable. Following the hearing of any such appeal, the city council may affirm, reverse, or modify the action of the director, and may take any action thereof which would have been authorized in the first instance. Action by the city council shall be conclusive and final and in the event the city council upholds the direction or order of the director, the property owner, or duly authorized agent, shall, within fifteen days thereafter, comply with such direction or order.
(Ord. 2012-03 §1)
Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(Ord. 2012-03 §1)