It is the purpose of this chapter to provide a procedure by which the Director may consider the appropriateness of a request to plant, remove, replace, or relocate a City street tree.
(Ord. 015-09 C.S., eff. 12-3-09)
The Director is the Review Authority for permits to plant, remove, replace, or relocate a street tree. The decision of the Director is subject to an appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Ord. 015-09 C.S., eff. 12-3-09)
A. 
Permit Required.
1. 
A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to plant, remove or effectively remove, replace, or relocate a street tree.
2. 
The application fee will be waived for the removal of street trees and stumps on the Public Works tree and stump removal list that are subject to a backlog in removal.
B. 
Permit Not Required. A permit shall not be required:
1. 
To Trim, Prune, or Maintain a Street Tree. Maintenance of trees includes deep root watering; root pruning; installing root barriers; clearance and structural trimming; fertilizing; pest control; removal of mistletoe, dead branches, leaves, and other debris; and the removal of branches to ensure visibility of traffic signs or the movement of pedestrians on sidewalks or vehicles on streets. Maintenance does not include the removal or effective removal of a street tree as defined in Section 16.240.020 (Definitions).
2. 
For the planting of trees in compliance with a City approved plan.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 31)
A. 
Filing. An application to plant, remove, replace, or relocate a street tree shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B. 
Contents. The application shall include:
1. 
The number, species, circumference, and condition of existing street tree(s);
2. 
A clear statement of the reasons for the request;
3. 
If requested by the Director, a site drawing (to scale) showing the existing or proposed location of the street tree(s) in relation to the right-of-way and existing or proposed improvements.
C. 
Decision. Following review of each application, the Director shall, in compliance with Section 16.88.050 (Review without notice procedure), decide if a permit should be granted.
1. 
Notice. Notice shall not be required for street tree permits.
2. 
Basis of Decision. The Director shall base the decision to grant the permit on one or more of the following reasons:
a. 
Structural weakness;
b. 
Disease and/or insect infestation;
c. 
Destructive root system causing excessive damage to public and/or private improvements;
d. 
Obstruction to a driveway or entranceway;
e. 
Sidewalk and/or curb improvements for which an encroachment permit has been issued;
f. 
Lack of a street tree in an appropriate location;
g. 
House move; and/or
h. 
New construction.
3. 
Director's Determination.
a. 
Approval. If the Director determines that the request is acceptable, the application shall be approved, with or without conditions, and a street tree permit shall be issued.
b. 
Denial. If the Director determines that the request shall not be granted, the application is denied, and the street tree shall not be planted, removed, replaced, or relocated. The applicant may appeal the Director's decision to the Council in compliance with Chapter 16.100 (Appeals).
D. 
Expiration. The permit shall expire 60 days after the date of issuance.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
A. 
Anyone removing or effectively removing, as defined in Division 8 (Glossary), a street tree(s) without a permit in compliance with Section 16.162.040 (Permit application process) shall be subject to a fine in compliance with the Council's fee resolution.
B. 
All fines shall be used to purchase and plant replacement trees in compliance with Section 16.162.060 (Replacement).
(Ord. 011-11 C.S. § 1, eff. 10-27-11)
If the request for a permit is solely for the benefit of the applicant and the tree is planted, removed, replaced, or relocated, the cost of the planting, removal, replacement, or relocation shall be borne by the applicant.
(Ord. 015-09 C.S., eff. 12-3-09)
Anyone who removes a street tree shall replace it on a one for one basis. The size and species of the replacement shall be determined by the Director based on the size of the tree that was removed, with the minimum size being a 15-gallon container stock. If possible, the replacement tree shall be planted on the same parcel as the tree that was removed; if not possible, it shall be planted in a City park or some other location determined by the Director. Such off-site planting shall be performed by a local contractor hired by the City. The applicant shall reimburse the City for the cost of any off-site planting together with a two and one-half (2.5) percent administration fee based on the actual cost of the planting contract.
(Ord. 015-09 C.S., eff. 12-3-09)
In circumstances where the condition of a street tree poses an immediate threat to health or safety, as determined by the Director or the Public Works Director, or designee, the tree may be removed by the City without a permit; however, a permit shall be required for all other persons. In such case where a person has been granted a permit for an emergency removal, payment of the permit fee shall not be required. Emergency removals do not require replacement.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)