The purpose and intent of this chapter is to safeguard the city's
urban forest by providing performance standards and regulations for
the operations, planting, proper maintenance, removals, preservation,
and protection of heritage trees in the city's right-of-way. The collection
of those trees are referred to as the city's urban forest.
(Ord. 1913 § 3, 2016)
means American National Standards Institute.
means the city manager and such representative as he or she
may designate in writing.
means a tree, or part of a tree, that has a high potential
for failure and falling on a nearby object because of dead or dying
branches, roots or trunk. For the purpose of this chapter, a hazard
may also refer to an impairment to mobility or access of a public
sidewalk or path.
means a tree of historical significance or located in a historic
district. A heritage tree is typically a large, individual tree with
unique value, such as age, rarity, and size, as well as aesthetic,
botanical, ecological, and historical value.
means International Society of Arboriculture.
means pruning, trimming, spraying, fertilizing, watering,
treating for disease or injury or any other similar act which promotes
growth, health, beauty and life of trees.
means an area adjacent to the edge of the roadway.
means the person listed as the owner in fee simple of a lot
or parcel with the office of San Bernardino County recorder or lawfully
exercising the power of the property owner with respect to said lot
or parcel.
means the removal of dead, dying, diseased, live interfering,
and weak branches according to the most recent standards of the International
Society of Arboriculture.
means a tree located in a place or area within the public
right-of-way or under control of the city, including, but without
limitation, streets, parkways, open space, parkland and including
city-owned property under the operational control of another entity
by virtue of a lease, license, operating or other agreement.
means the staff person responsible for public infrastructure
planning, maintenance, and operations.
means any public right-of-way regardless of whether it is
described as a street, avenue, road, boulevard, drive, lane, court,
place, alley, or by any other such designation.
means any public tree whose trunk is located primarily within
the public right-of-way or on property under control of the city by
easement, license, fee title or other permissive grant of use.
means the committee of residents who advise city council
on issues related to street tree care.
means a woody plant that has a single main trunk with clear
apical dominance (i.e., one primary stem is significantly larger than
the secondary stem(s)).
means a collection of public trees planted in public rights-of-way
that is the responsibility of the city to maintain.
(Ord. 1913 § 3, 2016)
The street tree advisory committee serves as a link to the citizens
of Upland and to the Upland city council, advising the city council
on policy decisions relating to street and parkway tree care, maintenance,
necessary improvements, areas for urban forest renewal and for the
overall protection of the city's trees. The committee shall enhance
appreciation of trees and encourage citizen participation in preserving
the city's urban forest.
Appointment to the committee and term of office shall be set
by resolution of the city council.
(Ord. 1913 § 3, 2016)
The street tree advisory committee shall review the urban forest
management plan and recommend updates to the document to reflect current
industry best management practices approximately every five years.
Revisions to the plan shall be adopted by resolution of the city council.
The plan shall provide for a sustained forest canopy through properly
phased tree plantings and removals. It shall include the specifications
for tree care, the latest species list of desirable and undesirable
tree species, ANSI planting and spacing requirements, and current
ISA proper pruning practices.
(Ord. 1913 § 3, 2016)
The city is committed to promoting the health, safety and welfare
of present and future residents of the city by providing for the identification
and preservation of landmark and historical trees existing within
the city. Heritage and landmark trees are trees which by the nature
of their physical, social or environmental significance or contribution
to the identity of neighborhoods, merit community recognition and
protection. Identification of these trees shall further be defined
as having a species rarity, an association with historical events
or persons, a scenic enhancement or a remarkable abnormality. The
committee shall have the location, and identification of all trees,
including any trees which qualify as landmark or heritage trees. An
official register of heritage and landmark trees shall be developed
and maintained by the city. The register shall contain information
specifying the location, size, and species and shall identify findings
in the street tree inventory for each resource designation.
(Ord. 1913 § 3, 2016)
The public works director, or the city council's designee shall be responsible for the operational activities associated with the planting, removal, long term care, maintenance, selection of trees, protection and preservation of heritage trees and street trees within the city boundaries as provided in Section 12.24.110 of this code.
(Ord. 1913 § 3, 2016)
The public works director, with the approval of the city manager pursuant to Section 12.24.100 of this code, or the city council's designee and the city's contract certified arborist have the authority to approve tree removal requests only if the tree is dead, diseased, hazardous, or an emergency condition exists which is a threat to public safety. The public works director or the city contractor for street tree care and maintenance shall inform the adjacent homeowners of all live and/or declining trees intended for removal a minimum of three days prior to their removal whenever possible. Those homeowners shall have reasonable time to appeal that decision to the street tree advisory committee.
A tree that is determined to be causing chronic and persistent
damage to curbs, gutters, sidewalks or other hardscape and/or structures
may be removed so improvements to the city's infrastructure can be
made.
Reasons That Will Not be Considered for Tree Removal. No healthy
city tree shall be removed because of leaves, pine cones, pine needles,
fruit, or seed debris or any other perceived annoyance. No healthy
tree shall be removed because roots from the tree have grown into
a compromised sewer lateral. Maintenance of sewers laterals are the
responsibility of the property owner.
(Ord. 1913 § 3, 2016)
Routine tree care and maintenance is assigned to the public
works director. All street trees shall be cared for and maintained
by the city's designated street tree care and maintenance contractor.
No permits will be issued to any person or entity for pruning or removal
of public trees, and all pruning and removal of public trees shall
be undertaken by city staff or the contractor hired by the city.
(Ord. 1913 § 3, 2016)
Should the repair of sidewalks, curbs, gutters or streets create
a need to prune tree roots to the extent that the tree may be damaged
or become unstable, the city manager, or his or her designee, whose
decision shall be final, shall give consideration to the following
in lieu of action that may damage, destabilize or cause the removal
of a tree:
A.
To
not make such improvements;
B.
To
displace the sidewalk laterally away from the tree trunk, either locally
for each tree, or uniformly along length of the street if there is
enough room in the existing right-of-way;
C.
To
displace the curb and gutter laterally into the paved roadway of the
street, either locally, or uniformly along a length of the street,
which in some cases may necessitate the prohibiting of street parking
of vehicles at all times, provided such displacement does not create
traffic hazard, or conditions adverse to proper care, repair and maintenance;
D.
To
repair to eliminate hazard;
E.
To
widen the parkway;
F.
To
relocate the sidewalk or curb;
G.
To
raise the sidewalk.
(Ord. 1913 § 3, 2016)
No person, firm or corporation shall interfere with the city
manager or persons acting under his or her authority while engaged
in planting, mulching, pruning, or removing any tree, shrub or plant
in any street, or public place within the city.
(Ord. 1913 § 3, 2016)
Nothing in this chapter shall be deemed to impose any liability
for damages or a duty of care and maintenance upon the city or upon
any of its officers or employees. The person in possession of public
property or the owner of any private property shall have a duty to
keep the trees upon the property and under their control in a safe,
healthy condition. Any person who feels a tree located on property
possessed, owned or controlled by them is a danger to the safety of
themselves, others or structural improvements on-site or off-site
shall have an obligation to secure the area around the tree or support
the tree, as appropriate to safeguard both persons and improvements
from any harm including bodily injury or death, as well as damage
to real or personal property, and shall immediately notify the city's
public works department of their perceived danger posed by the tree.
(Ord. 1913 § 3, 2016)
The street tree advisory committee shall hear and decide citizen
appeals pertaining to tree matters. The decision on appeal shall be
by majority vote of the voting members of the committee hearing the
appeal. The street tree advisory committee's decision may be appealed
to the city manager. The city manager's decision shall be the final
determination of the matter on appeal.
The city's risk management division will evaluate any and all
claims involving trees, or anything that may involve a city tree,
or items potentially related to involving trees, or any part thereof.
(Ord. 1913 § 3, 2016)
Noncompliance with this chapter shall be subject to Upland Municipal
Code Chapter 1.10, Administrative Fines.
(Ord. 1913 § 3, 2016)
Any peace officer, code enforcement officer, or any other person
designated by the city manager or designee may issue an administrative
citation to a person to remedy any violation of this chapter.
(Ord. 1913 § 3, 2016)
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole or any part thereof
other than the part held to be invalid.
(Ord. 1913 § 3, 2016)
All references to the "street tree advisory committee" in this chapter shall be deemed to be references to the public works committee established by resolution of the city council. The public works committee shall be empowered to assume all responsibilities of the street tree advisory committee, including, but not limited to, the responsibility to hear and decide citizen appeals on street tree matters pursuant to Section 12.26.110. Said appeals shall be heard by the citizen members of the committee only (i.e., not city council members, if any serve).
(Ord. 1976 § 2, 2023)
