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:
"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)