The purpose of this chapter is to enhance livability, promote public health and safety, foster healthy ecosystems, further implement the policies and goals of the city of Hillsboro's Comprehensive Plan, and provide for the general welfare of residents, by establishing regulations for the planting, maintenance and removal of public trees within the city.
(Ord. 6282 § 1, 2018)
The following definitions apply unless inconsistent with the context:
"Critical root zone"
means the area on the ground corresponding to the dripline of the tree.
"Crown"
means the leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.
"Damage"
means injury to a tree that compromises its health or longevity, or causes its death, including direct or indirect injury caused by insect, disease, human or animal.
"Disease"
means any tree disease or insect that compromises its health or longevity and is capable of being transmitted to other trees.
"Girdling"
means the removal of a strip of bark around the circumference of a tree in order to kill it or to make the tree more fruitful. May also be known as ring barking or cincturing.
"Major pruning"
means pruning in a manner that causes the removal of branches two inches in diameter or greater; removal of roots two inches in diameter or greater; or removal of branches constituting more than 20 percent of the crown.
"Pruning"
means the selective removal of tree parts to meet specific goals and objectives.
"Public tree"
means any tree located on public land or in the public right-of-way.
"Topping"
means the indiscriminate removal of whole tops of trees or the cutting of large tree branches from the tops of trees leaving stubs or lateral branches that are not large enough to assume the terminal leader role.
"Tree"
means a woody perennial plant typically having a single stem (trunk) which at full growth will attain either a height of at least six feet or a trunk diameter of at least two inches at four and one half feet above natural grade.
(Ord. 6282 § 1, 2018)
The provisions of this subchapter shall apply to all public trees.
(Ord. 6282 § 1, 2018)
The city manager's office or designee is responsible with the implementation and enforcement of this subchapter.
(Ord. 6282 § 1, 2018)
In implementing and enforcing the terms of this subchapter, the city manager's office or designee shall, among any other necessary powers and duties, have the following responsibilities:
A. 
Identify upcoming public tree care activities for an annual plan.
B. 
Plan and coordinate Arbor Day observance and proclamation.
C. 
Develop and propose updates to code provision standards for the planting, maintenance and removal of public trees.
D. 
Implement and enforce the Hillsboro Municipal Code and Design and Construction Standards' provisions for public trees.
E. 
Maintain public trees in medians, islands, and roundabouts located within the public right-of-way, which are not required to be maintained by the abutting property owner pursuant to HMC 9.18.080 or are not required to be maintained by any other person pursuant to a written agreement.
F. 
Plant, prune or remove trees on public land, which when practical shall be done with the ANSI A300 tree care standards.
G. 
Prune or remove any tree located in or upon the public right-of-way in accordance with HMC 8.04.040 of this code.
(Ord. 6282 § 1, 2018)
Unless authorized in writing by the city manager's office or designee, no person other than the city, its agents, or contractors shall:
A. 
Top any public tree. The city may authorize the topping of a public tree as necessary only to alleviate a dangerous condition, including electric service interruptions, which pose an imminent threat to the public or property.
B. 
Attach or keep attached to any public tree any ropes, wires, chains, or other device whatsoever, except as necessary for the support or protection of the tree. Decorative lights may be attached to public trees in a manner that does not damage the tree.
C. 
Damage any public tree. Such prohibited damage includes, but is not limited to, damage to the bark of the trunk or branches, girdling the tree, excavating or causing compaction in the critical root zone, applying toxic chemicals to a tree or to the ground within the critical root zone, removing more than 25 percent of the crown or root area, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any such tree.
D. 
Remove, major prune or plant any public tree without a valid permit.
E. 
Commence excavation, demolition or construction, including the erection, repair, alteration or removal of any buildings, structures, street, utilities or landscaping projects located within 15 feet of any public tree without employing measures to protect the tree from damage. Protection measures shall be conducted in accordance with the Hillsboro Design and Construction Standards.
(Ord. 6282 § 1, 2018)
A. 
Activities affecting the planting, maintenance and removal of trees in the public right-of-way shall be performed in accordance with the provisions of the Hillsboro Municipal Code, Design and Construction Standards, and ANSI A300 tree care standards.
B. 
The Hillsboro Community Development Code has standards for the preservation, maintenance and replanting of mature trees in the public right-of-way within the Station Community Residential-Orenco Townsite Conservation District. Any work done under a permit issued pursuant to this section in that district must comply with such standards.
(Ord. 6282 § 1, 2018)
A. 
The requirements of subsection B apply to any trees that are:
1. 
Located in the abutting public right-of-way; and
2. 
Lie beyond the back of the curb or edge of the pavement on unimproved roadways.
B. 
The owner of property abutting any public right-of-way shall have the following responsibilities for any tree(s) covered by subsection A:
1. 
Maintaining the tree(s) in good health, including watering, pruning, and protecting against damage and disease, according to the ANSI A300 tree care standards.
2. 
Not allowing the limbs of any tree to project into or across the street, sidewalk or public land so as to interfere with the use, to obstruct a driver's view, access for people walking or biking, or otherwise constitute a hazard to the public.
3. 
Pruning the tree(s) so that the minimum clearance of an overhanging portion is eight feet above the sidewalk and 15 feet above the roadway.
4. 
Obtaining a permit prior to planting, major pruning or removing a tree.
5. 
Replacing a removed tree(s) per the spread dimension shown in the Hillsboro Design and Construction Standards. The replacement tree(s) must be selected and planted in accordance with the provisions of the Hillsboro Design and Construction Standards and ANSI A300 tree care standards.
C. 
Any person who neglects to comply with the provisions of this section will, in addition to any other penalties provided by the code, be liable to any person injured by such negligence and to the city for any costs, expenses and attorney fees incurred in defending against a claim and any judgment that the city is required to pay to an injured person.
(Ord. 6282 § 1, 2018)
A. 
Any person, other than authorized employees, agents or contractors of the city, must obtain a permit approved by the city manager's office or designee prior to planting, removing or major pruning any tree located in the public right-of-way. The permit application shall be made before the intended activity.
B. 
Utility companies operating in the city do not require a permit under this section if their planting, removing or major pruning of any tree located in the public right-of-way is conducted in compliance with the requirements of their franchise agreement or right-of-way license.
(Ord. 6282 § 1, 2018)